EVEREST INDUSTRIES LTD Vs. BOARD OF TRUSTEES FOR PORT CALCUTTA
LAWS(SC)-2006-9-121
SUPREME COURT OF INDIA
Decided on September 29,2006

EVEREST INDUSTRIES LTD. Appellant
VERSUS
BOARD OF TRUSTEES FOR PORT OF CALCUTTA Respondents





Cited Judgements :-

ANWAR HASAN VS. CENTRAL BANK OF INDIA [LAWS(PAT)-2010-5-203] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Respondent herein is constituted under the Major Port Trusts Act, 1963 (for short, 'the Act'). It is owner of a large plot of land By an indenture of lease deed dated 15.03.1938, Appellant No. 1 was given in lease a plot of land bearing No. D-117, measuring 28344.716 square metre for a period of 30 years with effect from 1.02.1938. The said deed of lease contained a renewal clause providing that at the expiration thereof it could be renewed for a further period of 10 years with two further options of renewal of 10 years' each, but at an increased rate of rent, which would not exceed 50% of the rent for the period immediately preceding. Another deed of lease was executed by Respondents in favour of Appellants in respect of plot No. D-117/1, measuring 2380.919 square metre for a period of 10 years with effect from 1.02.1958. The said deed of lease also contained identical renewal clause.
(3.)The period of lease in terms of the said instrument having come to an end, a representation was made by Appellant No. 1 herein to Respondents for renewal thereof. By a notification dated 19.09.1996, the Rent Schedule of land, inter alia, was altered. The said notification was issued purported to be in terms of Sec. 56 of the Act. Item No. 17 of the said notification refers to the lease hold properties in question, stating:
"17.Turawala Road 777.00 (50 from Budge Metres) Budge Road to 416.00 (2nd Circular Garden Belt) Reach Road"



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