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1973 Supreme(SC) 103

D. G. PALEKAR, A. N. RAY, S. M. SIKRI, S. N. DWIVEDI, A. K. MUKHERJEE
S. P. Watel – Appellant
Versus
State Of U. P. : Bhagwat Dayal – Respondent


Judgment

DWIVEDI, J.: - These three cases have a common origin and are accordingly being disposed of by a common judgment.

2. The city of Meerut is a municipality in Uttar Pradesh. Plot No. 4635A (old number 5199) is located therein. It has an area of 1 bigha and 2 biswas. It formed part of the zamindari estate belonging to Lala Nanak Chand Trust. The trust is a charitable trust vested in the Treasurer of Charitable Endowments and is managed by the Collector of Meerut through a committee of trustees. On June 23, 1926, a lease deed was executed on behalf of the trust and in favour of one Bateshwar Dayal. By the deed the aforesaid plot was let to Bateshwar Dayal. The lease was granted "for the purpose of planting a grove, erecting buildings and digging wells etc." The yearly rent was fixed at Rs. 12/8/-. The lease was for a term of 30 years with effect from June 1, 1926. The lessee agreed to surrender the land and all buildings standing thereon to the lessor on the expiry of the period of lease. The buildings would become the property of the lessor. He would have them without paying any compensation to the lessee. The lessor agreed that on the expiration of the period of lease he would



























































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