Law, J. - (1.) This appeal is directed against the judgment and order of Sinha, J. passed on 26 November 1954 in an application under Article 226 of the Constitution of India whereby he discharged, the Rule and vacated the interim order.
(2.) The facts out of which this appeal arises are these: The appellant Is a manufacturer of bidis for which tendu leaves are required. It cannot be disputed that tendu plants are entirely of wild growth and propagate themselves by rootsuckers and by self-sown seeds without human agency in jungle and waste lands and the appellant has been obtaining such leaves from certain lands in Madhya Pradesh for many many years.
(3.) The appellant's case is that for the purposes of growing and obtaining tendu leaves for its manufactory and for sale it entered into certain leases of land in 1950-51, in Gondia and Champain Madhya Pradesh. The said leases inter alia provided as follows: "The lessee shall have the sole right on the tendu leaves that exist at present and those that will grow in future in this land.... and be entitled to cut and sort out the tendu trees and shrubs and/or burn and plant all or any of them for improving the quality of tendu leaves.... have the sole right to plant and grow Tendu trees. . also have the sole right to pluck, gather and take away the tendu leaves that exist at present and that will grow in future.....";