- (1.) (For himself, K. Subba Rao, G. J. and S. M. Sikri, J.) : This appeal, by special leave, is against the order, dated January 30, 1962, of the Central Government, under R. 7 of the Mining Leases (Modification of Terms) Rules, 1956, hereinafter called the 1956 rules, on revision against the order, dated September 29, 1960 of the Controller of Mining Leases, under R. 6 of the said rules.
(2.) It may be mentioned here that respondents Nos. 28 and 27, who were formal parties, died during the pendency of the appeal and an application to bring their legal representatives on record has been rejected.
(3.) The facts leading to this appeal are as follows. Jairam Jagmal originally held a perpetual lease from Chimanlal Chandulal Jani and others, inamdars and owners of the mineral rights for excavating white clay from the area leased and for taking it away. The lessors entered into an agreement for executing the perpetual lease, on December 2, 1939. They did not however, execute the lease, though possession over the leasehold land had been delivered to the said Jairam Jagmal after the execution of the agreement. Ultimately, the lease was executed on November 3, 1951, in execution of a decree of a civil Court for the specific performance of the agreement to lease.;