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1992 Supreme(Kar) 124

RAMAKRISHNA THEATRES LTD. – Appellant
Versus
GENERAL INVESTMENTS AND COMMERCIAL CORPORATION LTD. – Respondent


Advocates:
A.G.HOLLA, K.A.Ariga, N.K.Gupta, Radesh Prabhu, TUKURAM S.PAL

SHIVASHANKAR BHAT, J.

( 1 ) THIS writ petition was referred by the learned single Judge for consideration by the Division Bench on the ground that it involves a substantial question of law. The Division Bench in turn referred the matter for consideration by a larger Bench on the ground that an earlier decision of a Division Bench of this Court in Bharath Petroleum Corporation Ltd. v. Mohammed Haneef, AIR 1986 Kant 191, hereinafter referred as Bharath Petroleum Corporation's case, may require reconsideration.

( 2 ) THE petitioner obtained a land measuring 111/2 cents in Udupi town on term lease from the first respondent, along with a building thereon and other appurtenant land and buildings. It was a term lease and the lease deed was registered. The lease deed was executed on 3-9-1973. The lease was for a period of 25 years with effect from 1-4-1973. The lease deed indicates that the lessee was already in possession by virtue of an earlier lease deed dated 28-7-1950 and the land had a theatre building thereon and that the lessee (petitioner) had re-modelled the said old building. The lease deed of the year 1973 inter alia provided that on the expiration of the lease period, the thea
























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