BASANT LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by certificate is directed against a judgment dated January 6, 1969 of the Allahabad High Court and arises in the following circumstances.

(2.) The land in dispute originally belonged to Smt. Jawahar Devi who had inherited the same from her father Shankar Das who died sometime in or before the year 1905. Jawahar Devi had a daughter Putli Bibi who had three sons, namely, Basantlal, Shankarlal and Girdharilal. Jawahar Devi died in the year 1934.

(3.) On the 25th February, 1905, Jawshar Devi let out the land to the late Lala Lachman Das for the construction of a mill which was known as 'Narain Das Lachman Das Oil Mill'. The lease was to continue for 50 years and contained a clause for renewal. In the year 1936-37, the lessee Lachman Das transferred his rights in the lease to Northern India Oil Industries Limited (hereinafter referred to as the 'Company'). Thereafter, the three sons of Putli Bibi sent a notice on the 15th of December 1937 to M/s. Narain Dass Lachman Dass claiming damages. At that stage Girdharilal sold his rights in the land to his brother Basant Lal. In the year 1938, a suit was filed by Basantlal and Shankarlal against M/s. Narain Dass Lachman Dass as well as the Company. This suit was, however, compromised on the 2nd of June, 1941 and on the same date a fresh lease was executed by the two plaintiffs there-in in favour of the Company. The terms of the lease were incorporated in the compromise (Exhibit 31) but both the lease and the compromise were contained in unregistered documents.