PAWAN BAWRI Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions relating with the same subject matter between the parties are taken up for disposal at this stage as agreed to and prayed for by the learned counsel appearing for the parties.

(2.) HEARD Mr. H.S. Thangkhiew, learned senior counsel assisted by Mr. N. Mozika, learned counsel appearing for the petitioners and Mr. S.P. Mahanta, learned senior counsel assisted by Ms. S. Pde, learned counsel appearing for the respondents No. 3 & 4.

(3.) IT is admitted case of the parties that the term of the lease deed is renewable for the terms of 30 (thirty) years at option of lessee. Subsequently, upon the option of renewal having been exercised by the lessee i.e. petitioner's father J.N. Bawri, the said lease in respect of Holding No. 60 CB S/y No. 15/94 was renewed by the respondents vide registered Deed of Indenture dated 02.07.1977 for a period of 30 (thirty) years w.e.f. 14.02.1975. Similarly, upon the option of renewal having been exercised by the lessee i.e. petitioner's father Shri. J.N. Bawri, the said lease in respect of Holding No. 60A CB/Sy No. 15/95 was also renewed by the respondents vide registered Deed of Indenture dated 02.07.1977 for a period of thirty years w.e.f. 14.02.1975. The petitioner's father Shri. J.N. Bawri, died on 18.01.2012. Before the death of his father i.e. lessee J.N. Bawri, there was a family settlement among the members of the family of Shri. J.N. Bawri; and under that family settlement, the aforesaid plots of lands i.e. Holding No. 60 CB/Sy No. 15/94 and Holding No. 60A CB/Sy No. 15/95 came to the share of J.N. Bawri i.e. petitioner's father. After the death of the petitioner's father, interest of his father i.e. J.N. Bawri in respect of the said Holdings, had come to the share of the petitioner under the family settlement.