MANORAMABAI ALIAS SHAMRAO Vs. MUNICIPAL COUNCIL SAONER

JUDGEMENT

(1.) This is an appeal by the defendants feeling aggrieved by the decree of attachment passed against them by trial Court and confirmed by the appellant Court. The parties shall hereinafter be referred to as plaintiff and defendants.

(2.) The facts giving rise to the appeal are as follows:

(3.) Defendants do not dispute that the suit property belongs to the plaintiff. They also do not dispute that the suit property was let out to Dosabhai Patel for running a Ginning and Pressing Factory. They also do not dispute that in lease deed period of lease was fixed for 30 years. However, the defendants contended that the intention of the parties was one of permanent lease and the lease in question according to defendants is a permanent lease. They contend that defendants were granted permission to make construction of a permanent nature on the said plot and this itself suggests that lease is perpetual lease. The defendants further contend that the said lease hold right was transferred by said Dosabhai Patel in favour of defendant No.2 Dayaram Saoji and defendant no.2 Dayaram' s legal representatives have not been brought on record and therefore the suit has abated.