RUSTOM KHUSRO SAPURJI GHANDHI Vs. AMRIT ABHIJAT

JUDGEMENT

(1.) This matter has come up before this Full Bench by the order dated 19th September 2006 passed by the Hon'ble the Chief Justice upon a reference dated 19th August 2006 by a learned single Judge of this Court. The learned single Judge framed and referred the following four questions :

(2.) Facts Necessitating The Reference A lease of Nazul plot No. 141, Civil Station, Allahabad, was originally granted in favour of Sapurji Rustam Ghandhi and his son Khusro Sapurji Ghandhi on 8th June 1925 for a period of 50 years. The tenancy rights devolved upon Rustam Khusro Sapurji Ghandhi, Jehangir D. Ghandhi and Nariman D. Ghandhi (hereinafter these three persons are referred to as petitioners for short), through testaments of will executed by the original lessees and, thereafter by the legatees.

(3.) As the lease was going to expire on 7th June 1975, an application was filed by the lease-holders on 13th May 1974 for renewal of the lease. No action was taken by the State to dispose of the application for renewal of lease and the matter remained pending with the District Magistrate, Allahabad. Therefore the petitioners filed a Writ Petition No. 32950 of 1994 which was decided by a Division Bench of this Court on 25th May 1998 in the following words: