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2002 Supreme(Guj) 556

D.A.MEHTA
FAKIR-CHAND AMBARAM PATEL – Appellant
Versus
O. L. OF AMBICA MILLS LIMITED – Respondent


Advocates Appeared: A.C.GANDHI, A.D.OZA, A.L.SHAH, A.S.VAKIL, D.S.VASAVADA SHUKLA, H.V.CHHATRAPATI, M.B.GANDHI, M.J.THAKUR, MAFATLAL V.SHAH, MEGHA JANI, MUKESH R.PATEL, P.A.Mehta, P.B.SHETH, PRANAV G.DESAI, R.M.DESAI, S.N.Soparkar, SANDIP SINGH, UMESH SHUKLA, YATIN SONI

D. A. MEHTA, J.

( 1 ) IN this group of Company Applications, the controversy revolves around the rights that the lessors or persons claiming to be heirs of the lessors have in different parcels of lands given on lease in distant past to various Companies, which are now in liquidation (the Company); they are claiming back the possession of the said lands on various grounds that have been stated in the applications and urged during the course of hearing.

( 2 ) BEFORE adverting to submissions made on behalf of various contesting parties a brief recapitulation of historical facts is necessary.

( 3 ) ON 7/10/1994 this Court (Coram :mr. Justice M. S. Parikh), had passed a common order in Company Application No. 47 of 1993 with Company Application No. 48 of 1993 with Company Application No. 49 of 1993 in Company Petition No. 72 of 1991. The said applications filed by the heirs and legal representatives of deceased lessor of respective properties being land as particularly described in the applications were for directions to return the land to the said applicants. The Court came to the conclusion that the lease deeds in question were non determinable, fully transferable and assignable perma











































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