Point of Law: Sub-lease agreement - Rights of Co-sharer - Co-sharer has no right to alienate entire property to confer exclusive right on alienee without consent of other co- owners and such transfer is invalid for want of competency - No merit.

JUDGMENT :

B.P. Routray, J.

1. The orders of the Collector, Puri and the Revenue Divisional Commissioner, Central Division, Cuttack vide Annexures-4 & 5 respectively, passed under the provisions of Odisha Government Land Settlement Act and Rules have been assailed by the Petitioners.

2. Babu Ashutosh Mallick (since deceased), who is the common ancestor of Opposite Party Nos.5 to 27, was granted Khasmahal lease of the land appertaining to Plot No.500, measuring Ac.0280 dec. (presently Plot No.147, area Ac.298 dec) of Mouza Nolia Sahi under Balukhanda Khasmahal, Unit No.12, Hal Khata No.33, Holding No.716, Circle No.X under Puri Municipality. The lease was for a period of thirty years effective from 2nd December, 1919 to 1st December, 1949. On expiry, it was renewed twice for the period from 2nd December, 1949 to 1st December, 1979 and from 2nd December, 1979 to 1st December, 2009. Babu Ashutosh Mallick had four sons, namely, Jyoti Prasad Mallick, Amiya Prasad Mallick, Radha Gobindo Prasad Mallick and Shiva Prasad Mallick. Both the extensions were made in favour of the Legal Representatives (LRs) of Babu Ashutosh Mallick.

3. A building namely, ‘Ashu Bhawan’ was constructed over the leasehold land by the original lessee, Babu Ashutosh Mallick. On 27th August, 1952, the land along with ‘Ashu Bhawan’ was given on sublease with monthly tenancy for a period of fifteen years in favour of one Makhanlal Halder. The said Makhanlal Halder continued the hotel business in ‘Ashu Bhawan’ in the name and style of ‘Puri Hotel’. Before expiry of fifteen years, Makhanlal Halder by subsequent Sub-lease inducted one Jatindranath Bhowmick to run the hotel business in the name and style of ‘Sagarika Hotel’. Upon expiry of fifteen years period of Sub-lease on 26th August, 1967, the L.Rs of Ashutosh Mallick executed another Sub-lease on monthly tenancy in favour of Jatindranath Bhowmick for a period of twelve years eleven months effective from 2nd January, 1967 to 1st December, 1979. During this period, Bhowmick was permitted to make additional construction work on the land including the extension work of Ashu Bhawan to use for commercial purpose. In the meantime, Jatindranath Bhowmick died and a fresh Sub-lease was granted by the L.Rs of Ashutosh Mallick in favour of two daughter-in-laws of Jaitndranath Bhowmick, viz., Smt.Sikha Bhowmick and Smt. Ruby Bhowmick, the present Petitioners, for a period of ten years with effect from 2nd December, 1979 to 1st December, 1989 on payment of monthly rent. Before expiry of the said period of sub-lease, the L.Rs of Ashutosh Mallick served a notice on 30th May, 1989 on the Petitioners to handover vacant possession of the property immediately after 1st December, 1989. The said notice is reproduced below:

“BY SPEED POST WITH A/D

FOR AND ON BEAHLF OF SRI DHRUBA PRASAD MALLICK, SHRI ALOK KUMAR MALLICK AND OTHERS, LESSORS IN RESPECT OF PROPERTY FROM EARLIER AS ASHU BHAWAN SITUATED IN THE SEA BEACH AT PURI

To

Smt.Sikha Bhowmik,

w/o.Sri D.K.Bhowmik

Smt.Ruby Bhowmik,

w/o.Sri Anup Kumar Bhowmik,

At Hotel Sagarika,

Puri.

Dear Madam,

The Lessors have transmitted the document as executed between you and then on 13.7.1981 in respect of lease of the property as owned by the lessors and situated in the sea-beach at Puri and known then as Ashu Bhawan. By virtue of the said agreement, you have had been carrying on hotel business in the said property or existing of land and building on payment of monthly rent. As instructed by my clients, I am to invite your kind attention to Clause I of and as well Clause VII of the said agreement. For convenience they are extracted hereunder:

(i) The lease of the premises mentioned in the schedule herein below shall be for a period of ten years, commencing on and from the 2nd day of December, 1979, and shall expire on the 1st day of December, 1989;

(ii) The Lessees shall keep in deposit with the lessors a sum of Rs.10,800/-(Rupees ten thousand and eight hundred) only being six month rent as security deposit, whic