A short but important question that arises in this writ petition is whether in the absence of any clause prohibiting and/or restricting transfer of immovable property in a Deed of Lease executed by the Government in favour of a private individual, ss. 2 and 3 of the Government Grant Act, 1895 (hereinafter referred to as ‘the Said Act of 1895’) impose such prohibition and/or restriction relating to such transfer of immovable property upon the lessee.

2. By virtue of a registered Deed of Lease dated 21st September, 1971 for 8 period of 999 years a plot of land being Plot No. 104 in Block BA, Sector-I, Salt Lake City, Calcutta (hereinafter referred to as ‘the Said Plot’) was transferred to one Ajit Kumar Basu, since deceased, the predecessor-in. interest of the respondent nos. 4 to 6, by the State Government. Physical possession of the said plot was banded over to the said Ajit Kumar Basu, since deceased. It may not be out of place to mention that the said Deed of Lease did not contain any clause regarding prohibition, restriction, conditions and limitations on the right of the lessee to transfer the said plot to any other third party. The names of respondent nos. 4 to 6 were als