ARUN KUMAR OHRI Vs. MUNICIPAL COUNCIL SHIVPURI

JUDGEMENT

(1.) THIS petition is filed by the petitioners praying for a relief that the respondents be directed to renew the 'Patta' of the land allotted to the petitioner vide Annexure P-4 and they may be directed to grant lease for another 51 years. Petitioners are also praying for quashing the order Annexure P-1 whereby the Municipal Council has informed the petitioners that, as the petitioners have violated the terms of the lease deed they are taking steps for cancellation of lease and dispossession of the petitioners.

(2.) THE brief facts of the case are that petitioners were granted a lease for a period of 51 years vide document Annexure P-4 dated 18.1.1951. The Municipal Council has granted lease in favour of the petitioners for 51 years of 7 bighas of land on an annual rent of Rs. II- per year. As per the condition No. 2 it was agreed between the parties that on completion of 51 years of lease, the petitioners shall be entitled for renewal of lease for another 51 years.

(3.) IN reply to this argument learned counsel for the respondent submitted that as the petitioner has violated the Condition No. 9 of the Original Lease Deed, the petitioners are not entitled for renewal of the lease. As per Condition No. 9 petitioner cannot sell the land in question. However, he is free to construct a house and sell the house to any person and in that case the conditions of the lease shall be applied to the purchaser of the house also in the same manner. Thus, he has a right to sell only superstructure and not the land.