DEBI PROSAD PAL, J.

( 1 ) BY a Deed of lease dated 17th February, 1950, the respondent No. 2, Maharaja Dhiraj Uday Chand Mohatab is stated to have granted a lease in perpetuity to Udaynagar Private Ltd. , the petitioner No. 2 certain lands which comprise inter alia of Premises Nos. 2/3 and 2/4, Judges Court Road. It is stated that one of the conditions of the said covenant of lease was that the petitioner No. 2 would within 10 years invest a sum of not less than Rupees twelve lakhs on the said lands and develop the same. It is not necessary to set out the various other clauses of the said Indenture for the purpose of the present application. Subsequent to the said Deed of lease, the lessor and the lessee, to avoid disputes and differences is stated to have agreed that the petitioner No. 2 would surrender its leasehold interest in respect of land measuring 3 bighas 18 cottahs 2 Cbittaks and 27 sq. ft. and being premises Nos. 2/3 and 2/4, Judges' Court Road and the lessor would release and discharge the lessee-company for ever and absolutely from the liability to spend the said sum of Rupees twelve lakhs. Pursuant to the said agreement between the lessor and the lessee a Deed of Rel

Click Here to Read the rest of this document