KRISHANMALHARMIRASDAR DEAD Vs. SASWAD MALI SUGAR FACTORY LIMITED

JUDGEMENT

(1.) In this group of appeals a short question arises for consideration which runs as under :-

(2.) A Division Bench of the Bombay High Court in the impugned judgments has upheld the said right of the sub-lessees. That is how the present appeals on special leave have been filed by the original owners of the lands.

(3.) A few relevant facts leading to these appeals may be noted at the outset. The lands in question were originally leased out by the appellants to the aforesaid factory for the purpose of growing sugarcane. Under the lease deeds which were renewed from time to time the sugar factory, the original lessee was permitted to sub-lease the said lands and accordingly, the sub-lessees came to occupy these lands at the relevant time when the leases were granted. The provisions of the Act did not apply to such leases in view of Section 88(1)(b) as it stood at the relevant time. As per the said section, the Act was not applicable as a whole to leases entered into for the benefit of industrial and commercial undertakings. There is no dispute between the parties that the leases of the lands granted to the sugar factory were covered by the sweep of this exemption clause.