JUDGMENT - Chagla, C.J.

1. This appeal raises a very important question as to the right of the Custodian of evacuee property to terminate a lease granted by him in respect of evacuee property, and also the right of the Custodian to give certain directions under Section 10 of the Administration of Evacuee Property Act, 1950.

On 12-9-1951, Messrs. Ahmed Abdul Karim Bros., Ltd., were declared to be evacuees and their property vested in the Custodian. On 30-8-1952, the Custodian entered into an agreement of lease with the petitioners in respect of some of the properties of Ahmed Abdul Karim Bros., Ltd., which had been declared to be evacuee properties, and the properties in respect of which the lease was executed were three mills with bungalows and chawls attached thereto at Ambernath, and a Bobbin Factory, and the agreement of lease provided that the petitioners should have a lease of these properties for a period of five years.

It was provided that on the execution of the agreement the lessees shall deposit with the lessor a sum of Rs. 1,50,000 as security for the due fulfilment and observance of the term as to regular payment of the instalments of rents provided by the agreement, and t

Click Here to Read the rest of this document