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1969 Supreme(Pat) 154

N.L.UNTWALIA, ANWAR AHMAD
Tata Iron And Steel Company Limited – Appellant
Versus
Abdul Ahad – Respondent


Judgment

N.L.Untwalia, J.

1. The chequered history of this case demonstrates how the contesting defendant No. 2 has succeeded in remaining upon the suit land even beyond the period of 30 years mentioned in the original Indenture of Lease, The facts are these. The Tata Iron and Steel Co. Ltd. (hereinafter called the Company), the plaintiff appellant in this second appeal granted a lease to its employee, one Abdul Gani, of the suit land which measures 0.93 acre. The Indenture of Lease (Ext. 7) was executed on the 30th of March, 1937. The lease was for a period of 30 years commencing from the 1st of December, 1935, It expired on the 1st of December, 1965. The purpose of the lease was to allow the said employee to build upon it and he was to pay a nominal ground rent of Rs. 2/13/- per month. In April, 1947 Abdul Gani applied for permission to sell the leasehold property, which could not be transferred in any manner without the written permission of the lessor, namely, the plaintiff Company. Permission was refused. On the 17th of November, 1948 Abdul Gani applied again for permission to mortgage the leasehold interest for a sum of Rs. 50,000 to Shri Ananga Brjoy Mitra, a Pleader practisi


















































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