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2023 Supreme(UK) 664

SHARAD KUMAR SHARMA
Gopal Krishan – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Siddhartha Singh.
For the State of Uttarakhand : Mr. Yogesh Chandra Tiwari, Standing Counsel.

JUDGMENT :

Sharad Kumar Sharma, J.

To begin with, its apt to deal with the basic provisions of law, under which, the property, which was leased out to one Mr. Bhupender Kumar, was said to have been let out by the petitioner under the terms of the rent deed, which was subsequently brought on record on the direction of this Court.

2. The Government Grants Act 1895, provides with, that the leases, which are granted and covered by the provisions of the Government Grants Act, would be exclusively covered by Section 3, which is to be read with the U.P. Amendment provided therein, which specifically in its terms denotes, that the rights and claims between the lessee or the lessor or anyone claiming through lessee, would be governed by the tenor of the lease itself, as provided by the U.P. Amendment, which is extracted hereunder :-

    “(3) Certain leases made by or on behalf of the Government to take effect according to their tenor. - All provisions, restrictions, conditions and limitations contained in any such creation, conferment or grant referred to in Section 2, shall be valid and take effect according to their tenor, any decree or direction of a Court of law or any rule of law, statute or e

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