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2001 Supreme(SC) 1600

BRIJESH KUMAR, R.C.LAHOTI
HUKAM CHAND – Appellant
Versus
OM CHAND – Respondent


( 1 ) THE land in suit is owned by one Abdul Hamid Khan. In the year 1957, om Chand, Respondent 2, obtained a lease for 99 years from the owner. On 29-3-1957, a registered lease deed was executed between the appellant and amarchand (Respondent 3) (hereinafter collectively called as "the tenants") on the one hand and Respondent 2 Om Chand on the other hand, whereby some area out of the said land measuring 14,740 sq ft was leased out to the tenants for a period of 10 years commencing with effect from 1-3-1957. The land had a low-lying level and the tenants were permitted to raise the level of the land, so as to bring it up to the road level at their own expense. The purpose of letting, as set out in the lease deed, was: "the second party (i. e. the tenants) is entitled to use it by itself or lease it out further to a sub-lessee. " the tenants were permitted by the terms and conditions of lease, to raise construction over the land subject to sanction by the Municipal Committee. On the expiry of the period of lease, the deed provides that the tenants shall not have any right to remain in possession of the land leased out, without the consent of the landlord; the tenants shall settle wi











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