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2013 Supreme(Cal) 651

JYOTIRMAY BHATTACHARYA
PAWAN KUMAR AGARWAL – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Petitioners:Mr. L.C. Bihani, N.C. Bihani, and MS. Papiya Banerjee Bihani, Advocate
For the State :Mr. Bimal Kumar Chatterjee, Amitesh Banerjee and Ms. Munmum Tewary, Advocate

JUDGMENT

A plot of rent-free land measuring about 5.1834 Cottah being identified as plot No.54 in Block-CA, Salt Lake City, Kolkata-700064 was leased out by the State of West Bengal in favour of one Mr. Anil Kumar Kundu for a period of 999 years on the terms and conditions as mentioned in the registered lease deed dated 8th May, 1997. The said lease deed imposes restriction on the lessee’s right to assign and/or transfer the demised land or any part of it and/or the structure erected thereon, without the previous permission of the Government in writing. The consequence of assignment and/or transfer of the demised property without obtaining the previous permission of the Government in writing, is also provided in the said lease deed. However, bequest of the leasehold property and building thereon by the lessee by way of will in favour of a stranger is not prohibited in the said lease deed. The lease deed does not provide that in case the lessee intends to bequeath his leasehold interest in the demised property in favour of any stranger by will, he is required to obtain prior permission from the Government. On the contrary it is provided in the said lease deed that if the lessee dies


























































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