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1960 Supreme(All) 105

R.N.GURTU, S.N.DWIVEDI
SETH LOON KARAN SETHIYA – Appellant
Versus
CAPT. . N. JOHN – Respondent


Advocates Appeared:
A.K.KIRTY, AMBIKA PD. PODDAR, H.N.SETH, HARI SVARUP, K.C.Agarwala

DWIVEDI, J.


( 1 ) THESE appeals raise common questions and are accordingly being disposed of by a common judgment.

( 2 ) IN a suit about (inter alia) the Mill No. 3, to which the appellant was a party, a preliminary decree was passed, and pending the preparation of the final decree a receiver was appointed. Pending appeal from the preliminary decree in this Court the receiver granted a lease to a person, from whom the appellant took the sub-lease. When the period of that lease was about to expire, the appellant claimed an extention of the lease on account of the labour strikes in the Mill. The lease was extended up to March 31, 1959 and the court directed him to vacate the Mill. He prayed for time to wind up his business, and the court gave him fifteen days time. The court also fixed April 27, 1959 for auctioning a fresh lease. On that date the appellant stated to the court that in the event the lease of the Mill No. 3 is not granted to him, he shall deliver vacant possession of Mill No. 3 to the prospective lessee within 15 days. Before auctioning the lease the court announced its terms, two of them being the two years period of the lease and the advance deposit of the lease-money






















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