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1998 Supreme(Guj) 418

R.BALIA
KANUBHAI H. PRAJAPATI – Appellant
Versus
OFFICIAL LIQUIDATIOR – Respondent


Advocates Appeared: ARUN H.MEHTA, D.S.VASAVADA SHUKLA, J.T.TRIVEDI, M.J.THAKUR

R. BALIA, J.

( 1 ) THIS application was moved seeking direction in the case of navjivan Mills Company Limited (in liquidation) that the Official Liquidator hands over possession of land bearing Revenue Survey No. 375 of village Kalol, Taluka kalol, Dist. Mehsana to the applicants and that the Official Liquidator be restrained from accepting any offer for the purchase of the land in question in pursuance of the advertisement given in a local daily SANDESH for the sale of properties on as is where is basis.

( 2 ) ACCORDING to the applicant, the land in question was given on lease by the predecessor-in-title of the applicant on 30-3-1933 at annual rent of Rs. 155. 00 per annum. Lease was for an indefinite period. Accordingly, it is contended, that the period of lease is from year to year. The company has been ordered to be wound up. The premises are no more required for the companys business and therefore, the applicants-landlords have become entitled to the possession of the land. In these circumstances, prayer has been made for delivery of possession to the applicants.

( 3 ) IT is urged by Mr. Thakore, learned Counsel appearing for the applicants that the land in question is propert















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