MAHOMED MEERA USANI ROWTHEN Vs. NIZUR ALI SAHIB

JUDGEMENT

(1.) WE think the plaintiff is entitled, as the District Judge has found, to set; aside the lease on the ground that a trustee cannot grant a permanent lease at a fixed rent unless there are special circumstances of necessity to grant it vide Mayandi Chettiar V/s. Chokalingam Pillai 27 M. 291 at p. 295 and Nallayappa Pillai V/s. Ambalavana Pandarae Sannadahi 27 M. 465 at p. 472; 14 M.L.J. 81. No special circumstances of necessity are shown in the case. It is contended that the appellants have acquired a right to a permanent lease by prescription. No such contention was raised in the written statement and there is no issue about it. It cannot, therefore, be raised now. As to compensation, we think it was rightly refused. Under Section 108(1) of the Transfer of Property Act, the lessee has only the right to remove the buildings for which two months from this date will be allowed.

(2.) THE second appeal is dismissed with costs.