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1951 Supreme(Cal) 127

BANERJEE
SRINATH ZAMINDARY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.SEN, I.P.MUKHERJI, R.Goho

BANERJEE, J.

( 1 ) THIS is an application on behalf of one of the lessors for an order that the liquidator do give possession to the lessors of the demised land. The application is made by one of the lessors and is supported by two others. It is opposed by Srimati Usha Bala Dassi, the fourth lessor.

( 2 ) THE question is whether the lease has come to an end. The lease was granted on 17th July, 1928, to the company which is in liquidation, and contains, among others, the following clause:"in case the company goes to liquidation voluntarily or otherwise, this lease shall cease to be operative and the company shall forthwith make over possession of the abad to the proprietors. "'abad' is the property in question.

( 3 ) THE company went into voluntary liquidation on 2nd May, 1950. Srimati Usha Bala made an application for the compulsory winding up of the company. The application was admitted by this Court. In due course the winding up order was made. The date of the order is 11th December, 1950. The liquidator is an advocate of this Court and is in possession of the property.

( 4 ) IT is contended on behalf of the lessors other than Usha Bala that the lease has determined. The cont
































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