BISWANATH GHOSH Vs. ADMINISTRATOR GENERAL OF WEST BENGAL

JUDGEMENT

(1.) This is an application for a renewal of a lease which is due to expire in 1997. Under the terms of the lease now existing the lessee has an option for renewal of the lease for another 41 years from the date of expiry. The clause for renewal is the tenth clause. Though no official translation has been annexed to the petition, as it should have been, I may state here that the said clause is an option for renewal one month prior to the expiry. In the normal course therefore, the renewal would be asked for in or about 1997. The lessee in this application has however, said that he would like to have a certainty of a renewal just now so that he may be in a position to invest money on the land and bring up a building as he is entitled to under the fourth clause of the lease.

(2.) The prayer for renewal for 99 years has not been pressed before me because admittedly the renewal can be had for another 41 years only on the existing terms and conditions.

(3.) It has not been disputed that this Court is the proper court for seeking the requisite directions under the Administrator General's Act 1963 for the purpose of obtaining a renewal in respect of the property in question and the lease under consideration.