JUDGMENT - CHAINANI, J. :

The father of appellants Nos. 1 and 2 and husband of appellant No. 3 had given on lease a land S. No. 128 of Mouje Kothrud in Haveli Taluka to the respondent-Company on 11th February 1944. One of the conditions of the lease was that the Company should not sub-lease or transfer the land to any other person without the permission of the lessors. The Company, however, assigned its leasehold rights to one of its Directors, G. N. Patwardhan, for a consideration of Rs. 8,200. The land is now in the possession of Patwardhan. The Company subsequently filed a suit for setting aside the assignment in favour of Patwardhan. This was dismissed. In 1953 an order was made for the winding up of the Company and an Official Liquidator was appointed. He obtained a decree for over Rs. 8,000 against Patwardhan. This decree has not yet been executed. The appellants were paid rent for three years by the Liquidator, but it is their case that they have not received rent due to them since 1953. It is also the contention of the appellants that the Company has committed several breaches of the conditions of the lease. According to them, a large number of trees standing on the land had

Click Here to Read the rest of this document