H.L. Gokhale, J. - (1.) This appeal by Special Leave seeks to challenge the order passed by a Division Bench of High Court of Rajasthan in D.B Civil Special Appeal (Writ) No. 753 of 1993 dated 17.5.2002 whereby the appeal filed by the Appellants herein against the order passed by a Single Judge of that High Court dated 13.8.1993 in Writ Petition No. 5281 of 1991 filed by the first Respondent came to be dismissed. The Single Judge had allowed Respondents writ petition.
(2.) The facts leading to this appeal are as follows: The Respondent herein is running a Mission Hospital at Nasirabad in the State of Rajasthan. The Hospital building initially belonged to the East India Company. Later on, it belonged to the Government of India and it is under the management of the Nasirabad Cantonment which is a cantonment governed under the Cantonment Act, 1924. The case of the Appellants is that the Respondent was given the concerned premises under a lease deed dated 1.4.1982 which expired on 31.3.1984. The rent for the premises was fixed at Rs. 75 per month. The lease deed provided in Clause 2 (iii) that the lessee shall vacate the premises before the expiry of the lease as and when required by the Cantonment Board provided seven days notice to this effect is given in writing.
(3.) The case of the Appellants is that the premises were not being utilized fully and that the Respondent had taken some other premises also. The Appellants needed the premises. After the expiry of the lease on 31.3.1984, the Estate Officer of the Cantonment Board stopped accepting the rent.;