Sunil Ambwani, Pankaj Naqvi, JJ. - (1.) We have heard Dr. G.S.D. Mishra, learned counsel appearing for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Anil Tiwari appears for Nagar Nigam, Bareilly.
(2.) It is submitted that the petitioner is the son and legal heir of late Shri Dharm Dutt Vaid-the lessee of plot Nos. 82 to 85 area 10376-2/3 square yards situated at Udaipur Khas in the city of Bareilly. The lease deed for charitable purposes for plot nos. 82 to 85 was executed in the year 1945 for a period of 90 years renewable, every 30 years. The other lease deed, also for charitable purposes for plot nos. 86 and 89 was executed on 28.6.1952 for a period of 90 years renewable, every 30 years. The lease deeds stipulated that the land shall be used for Ayurvedic hospital in which free-treatment will be given to general public.
(3.) The petitioner's father died on 4.11.1989. It is stated by the petitioner that on the death of his father, he acquired knowledge of the terms of lease deeds and its stipulation for renewal every 30 years. His father was elected as Member of Legislative Assembly in the years 1952, 1957, and for the third time in 1962. He was a freedom fighter and a renowned social worker of district Bareilly. He had not applied for renewal of lease deeds on due dates. The petitioner searched out the papers of renewal and did not find any paper other than a document dated 9.9.1993, by which the petitioner had sent letters to Nagar Nigam, Bareilly informing that his father expired on 4.11.1989. The application for renewal was misplaced.;