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1997 Supreme(SC) 828

S.SAGHIR AHMAD, K.RAMASWAMY, G.B.PATTANAIK
Murlidhar Jalan (Since Deceased) Through His Lrs. – Appellant
Versus
State Of Meghalaya – Respondent


ORDER

Leave granted.

2. This special leave petition has been filed against the Division Bench Judgment of the Gauhati High Court, made on December 20, 1996 in First Appeal No. 58/90.

3. The appellant had filed a civil suit for perpetual injunction seeking declaration of his title as land-holder of the property. The trial Court granted the decree. But on appeal, the High Court reversed it in the first Appeal No. 58/90 dated December 20,1996. The Division Bench of the High Court affirmed that order in appeal. The question is: whether the appellant is entitled to the declaration of his title in respect of the property. Shri Goswami, learned senior counsel for the appellant, contends that initially the appellant had come into possession of the property in his character as a tenant by virtue of perpetual lease for 99 years; after the expiry of the initial period of lease in 1965 though the Government had not renewed the lease, nonetheless, the Government had impliedly renewed the same by accepting the rent. The property was required for a public purpose and that the Government continued to be in possession of the property as a tenant recognising title of the appellant. Therefore, the High



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