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2002 Supreme(SC) 847

S.N.VARIAVA, S.S.M.QUADRI
M. P. Rajya Sahkari Bank Maryadi – Appellant
Versus
Indian Coffee Workers Co Operative Society LTD. – Respondent


JUDGMENT

Variava, J.-Leave granted.

2. Heard parties.

3. These Appeals are against an order dated 8th March, 2002 by which Letters Patent Appeals filed by the Appellant have been dismissed.

4. Briefly stated the facts are as follows:

On 14th of May, 1985, the Appellant was sanctioned a lease of an area measuring 47,297 sq. ft. out of Nazul Sheet No. 8, Plot No.66, Huzur, Bhopal. The said plot was to be used for cycle and motor parking. However by a letter dated 30th May, 1985, the user of the plot was changed to "auditorium construction". Pursuant to this allotment an Indenture of Lease dated 17th December, 1985 was entered. The Schedule of the property in the Indenture of Lease reads as follows:

"THESCHEDULEABOVE REFERRED TO

North:- Plot of Indian Coffee House, South:- Building of Apex Bank, East:-Road, West:- Road."

Thus the Schedule shows that to the north of the plot, allotted to the Appellant, was the plot belonging to Indian Coffee Board. Possession of 47,297 sq. ft. was handed over to the Appellant in January, 1986. As the auditorium was not constructed by the Appellant within the time permitted the land was resumed by the Government by an order dated 29th July, 1993.

5. On 27th Ma
















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