REMFRY
In Re: Jambad Coal Syndicate, Ltd. – Appellant
Versus
. – Respondent
JUDGMENT
Remfry, J. - This is a petition for winding up a public company with limited liability. The ground in the petition is that after the statutory notice the company has failed to pay a debt of some Rs. 72,000 due for royalties and rent. For the company it is stated in the affidavit that a claim by a third party who is alleged to have a title paramount to that of the petitioning company is apprehended, and that as the lease has not been registered the petitioners are not entitled to claim rent or royalties. As far as the first ground is concerned an alleged apprehension, that their possession may be disturbed, or ended by a party said to have a title paramount to that of their landlords, is no excuse for tenants to withhold their rent. The other point is more difficult. It appears that by a consent decree in 1927 the Syndicate, as the company is called, agreed to take a new lease and surrender their old one. This lease has been executed by all the parties and as the affidavit states:
The lease was registered by the company and the Syndicate and various parties. Registration has not been completed by four persons who executed the document, and summonses have been issued to compel
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