A.S.BOPANNA,J. - (1.) Leave granted.
(2.) The appellant­State of Kerala is assailing the order dated 10.07.2015 passed by the High Court of Kerala at Ernakulam in W.A. No.369/2011 and W.A. No. 375/2011. The said appeals had arisen out of the proceedings in Writ Petition No.1207/2005 wherein through the order dated 17.01.2011, the petition was disposed of to the extent of quashing the order declining value of usufructs (Ex.41). The order (Ex.39) by which the lease in favour of Respondent had been terminated was upheld. It is in that view, the writ petitioner­M/s. Joseph & Company as also the respondentState of Kerala had filed the Writ Appeals to the extent they were aggrieved. The learned Division Bench of the High Court through the impugned order dated 10.07.2015 has allowed the appeal filed by M/s. Joseph & Company, thereby setting aside the order terminating the lease and the appeal filed by State of Kerala was dismissed. It is in that light, the appellant­State of Kerala claiming to be aggrieved is before this court.
(3.) The genesis of the case is that erstwhile TravancoreCochin Government had by a notification in the year 1953 auctioned certain abandoned portions of Beatrice estate. One Mr. P.I. Joseph­responded to the said notification and offered his bid to an extent of 246.26 acres out of the South Block and took possession on 10.05.1955. However, no lease agreement was entered into between him and the government. In the meanwhile, the said Mr. P.I. Joseph assigned the said property in favour of Mr. K.K. Joseph. Pursuant to such transaction dated 28.02.1974 between Mr. P.I. Joseph and Mr. K.K. Joseph, the Government of Kerala, executed a lease deed dated 15.12.1979 in favour of Mr. K.K. Joseph. Though the lease deed was executed in favour of Mr. K.K. Joseph, it is contended by the lessee that Mr. K.K. Joseph was representing the partnership firm registered in the name and style M/s. Joseph & Company, of which he was the Managing Partner.;