BALUMAL G TEKWANI Vs. KANDLA PORT TRUST

JUDGEMENT

(1.) THE matter has been heard at length since yesterday. Hence, it is taken up for final hearing and disposal. RULE. Learned advocates for the respondents are directed to waive service.

(2.) THE controversy lies in a very narrow compass. The petitioner, by a registered deed purchased rights in plot No. 66, Sector No. 8, Gandhidham on 18. 12. 1990 from Shri Kantilal Jethalal Premji and Shri Manharlal Jethalal Premji, through their duly constituted attorney-Shri Gobind K. Daryanani (hereinafter to be referred to as 'the original lessees' and 'power of Attorney' respectively ).

(3.) RESPONDENT No. 1-Trust (hereinafter to be referred to as "kpt") is the original lessor of the said plot of land which came to be leased out under an Indenture dated 30. 06. 1966 to the original lessees for a period of 99 years. An application came to be made by the Power of Attorney holder for permission to transfer / assign the leasehold rights of the land under provisions of clause (13) of the Lease Deed. It is stated that the petitioner, after obtaining necessary permission from the local authority, who approved the plans, put up construction on the land in question sometime in 1991 and the petitioner is thereafter running a hotel in the name of 'city Star Hotel' continuously till date. As the mutation certificate was not granted by KPT, the petitioner approached this Court vide Special Civil Application No. 24454 of 2005. Vide order dated 12. 07. 2006 the petition came to be disposed of by the High Court permitting the petitioner to withdraw the petition to enable the petitioner to make a representation. In Paragraph No. 2 of the order the Court took note of the statement made on behalf of KPT by the learned advocate stating that: