MARWARI SOCIETY Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Rath, learned advocate appears on behalf of petitioner. He submits, his client is a society, explained by its name. It was granted long lease by deed dtd. 24/3/2000 on premium of Rs.23,54,913.00 for initial period of 90 years. The purpose was for his client to build a house or houses and use the same for its office building and charitable dispensary only. His client, in terms of purpose of the lease, constructed building and has been using the same for office and charitable dispensary only.

(2.) He draws attention to show-cause notice dtd. 28/3/2016. Referred to paragraphs in the notice are extracted and reproduced below.

(3.) He submits, the lease was by a registered deed. Sec. 111 in Transfer of Property Act, 1882 provides for determination of lease by, inter alia, forfeiture. There is nothing to show from the show-cause or impugned determination notice dtd. 23/4/2016 that any express condition providing right of re-entry to the lessor, was broken by his client. His client has, therefore, moved Court for interference.