STATE OF ORISSA Vs. SANTI KUMAR MITRA

JUDGEMENT

(1.) The appellant/State of Orissa has filed this appeal assailing the order of the High Court of Orissa dtd. 13/11/2009 passed in Second Appeal No.98/1993 whereunder second appeal filed by the appellant herein came to be dismissed and consequently the judgement and decree passed in favour of the respondents by the First Appellate Court in TA No.2/100 of 1992-1991 came to be affirmed.

(2.) The suit property, being a Khasmahal, measuring 594 decimals situated in Plot bearing No.894, Khata No.158, Balukhand Puri was originally leased in favour of one Shailendra Nath Mitra (hereinafter referred to as "original lessee") for 30 years commencing from 29/09/1905 and said lease was due to expire on 29/09/1935. On 16/10/1935, the original lessee applied for renewal of the lease which came to be referred as Lease Renewal Case No.40/1935-36.

(3.) Above being the situation, the original lessee expired on 04/06/1941 leaving behind his two sons Nalininath Mitra, Jatindranath Mitra (Father of the Plaintiffs), his wife Khagendrabala Mitra and his daughter-in-law Smt. Gauribala Mitra as his legal heirs. A substitution petition came to be filed by the legal heirs of original lessee in Case No.40/1935-36 and subsequently on 22/01/1944 the lease came to be renewed and a fresh lease deed came to be executed in favour of the legal heirs of the original lessee, for a further period of 30 years with effect from date of expiry viz., 26/09/1935. The aforesaid lease agreement executed in favour of the legal heirs of the original lessee expired on 25/09/1965.