AMRITA SINHA,J. - (1.) Heard elaborate submissions made on behalf of both the parties.
(2.) The case of the petitioners is that on 31st January, 1989, a Deed of Lease was executed between the Governor as lessor and Smt. Suchitra Sen and Sri Niladri Sen, the petitioners herein, as lessee in respect of a property at Kalyani for a period of 999 years.
(3.) Clause 2(x) of the said agreement of lease reads as follows:- "x) NOT to assign this lease or part with possession of the demised land or any buildings erected thereon without the previous consent in writing of the Government and in accordance with the provisions hereinafter contained in respect thereof: Provided that, should at any time hereafter, the Lessee be desirous of assigning this lease or transfer the leasehold interest in the demised premises and the buildings erected thereon, the Lessee shall give notice of such intention to the Government and shall be entitled to effect such transfer with the approval of the Government, provided further that, should such approval be refused within two months of the date of receipt of the applications, the consent of Government to such transfer shall be deemed to have been given for such transfer.";