VISHWA VIJAY BHARATI Vs. FAKHRUL HASSAN

JUDGEMENT

(1.) These appeals by special leave arise out of the judgment rendered by the High Court of Allahabad on February 13, 1970 in Second Appeals 67 and 68 of 1962.

(2.) Mahant Vishwa Nath Bharthi, the Sarbrahkar of the temple of Shankarji Maharaj, Khowja, gave lands belonging to the temple, admeasuring about 44 acres, on Thekd to one Sukai. The Thekanama was executed on June 5, 194 to be effective from July 1, 1942. The lease was to ensure for a period of 10 years and was due to expire on June 30, 1952. The Thekanama contained an express term that the Thekadar will not sub-let the leasehold property and that on the expiry of the period of lease he shall handover the possession of the property to the lessor.

(3.) In spite of this term against sub-letting, on July 27, 194 the lessee executed a power of attorney in favour of his nephews Haqiqullah and Ghani, apparently authorising them to cultivate the lands on his behalf. On the expiry of the period of lease the Mahant instituted a suit for ejectment of the lessee which was decreed on November 5, 1952.