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Trustees of the Rahimtulla Waljee Hirjee Charitable Trust v Mayer and Others (Civil Appeal No. 19 of 1954) [1955] EACA 136 (1 January 1955)
The Court of Appeal held that structural-repair covenants were not binding on statutory tenants where inconsistent with section 28 of the Ordinance.
Madhavji v Keshavji (C.A. 16/1930.) [1930] EACA 31 (1 January 1930)
The Court held that the written lease agreement constituted the entire contract between the parties, and parol evidence of any prior or collateral verbal agreements, such as the promise to build a kitchen and bathroom, was inadmissible under Section 91 of the Indian Evidence Act and established common law principles. The Court found no express or implied condition in the lease requiring the premises to be suitable for the respondent's business or for the appellant to procure a trading licence. The respondent's occupation and payment of rent under the lease negated any claim for cancellation b…
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