Judgement

Appeals from two decrees of the High Court (September 5, 1911) affirming decrees of Beaman J. (April 11, 1910).

67 Law Rep. 42 Ind. App. 44 ( 1914- 1915)

Hamabai Framjee Petit V. Secretary of State 168

The appeals depended upon the determination of substantially the same question and were heard together.

The suits were instituted by the respondent in the High Court to recover possession of certain lands situated upon Malabar Hill, Bombay. The land in suit in the first appeal had been leased by the East India Company in 1854 for a term of ninety-nine years with a proviso that " in case the said Company shall for any public purpose be at any time desirous to resume possession of the premises" they should be at liberty to re-enter, subject to giving the notice and compensation thereby provided.

The land in suit in the second appeal was granted by a sanad in 1839 at a small annual rent subject to a stipulation, " the said ground to be at any time resumable by Government for public purposes " upon notice and payment of compensation.

In 1908 the Government of Bombay gave notice that they desired to resume possession of the land held under the lease and sanad for a public purpose,