SHIVARAJ V. PATIL, J.

(1) LEAVE granted.

(2) THE appellants are before this Court, aggrieved by the order dated 17.11.1998 passed by the Allahabad High Court in civil misc. writ petition no. 34383/97. In brief, the relevant and necessary facts for disposing of this appeal are the following:

(3) THE property in dispute is premises no. 7/86 along with the land, which forms part of Nazul plot no. 12 situated in Block-7, Tilak Nagar, Kanpur. This property was leased for a maximum period of 90 years in December, 1904 by secretary of state in favour of one Khan Bahadur Hafij Mohd. Halim; the lease was to be re- newed after 30 years from the date of its commencement with increase of 50% in rent; the lease also permitted construction of building over the land; the lessee accordingly constructed a dwelling house on the leased land; he let out the constructed premises to the State of U.P. on 3.5.1937. By that time the lessee had already got renewed the lease on 2.3.1935 in favour of Haji Mohd. Sadiq, the son of the original lessee for a further period of 30 years upto 4.12.1964. Thereafter, legal representatives of the original lessee migrated to Pakistan.