- (1.) The petitioners are the members of the Armenian community in Kolkata and the present Wardens of the Armenian Churches as the Holy Church of Nazareth at Calcutta and the Church of St. John at Chinsurah. The defendant No.1 is the official trustee of West Bengal who holds the property situated at Premises No.44, Chowringhee Road, Kolkata-700071 as the trustee amongst other various properties of the said Armenian Churches. By an indenture dated 24th September, 1962, the defendant No.1 leased out the suit property in favour of one Kalinga Tubes Limited under certain terms and conditions. The recitals of the said deed of lease suggest that the official trustee with the sanction and consent of the Wardens of the Armenian Churches made an application before the High Court at Calcutta in the matter of the said trust and the High Court by an order dated 24th November, 1959 empowered the official trustee to invite offers for lease of Premises No.44, Chowringhee Road for a period of 99 years. By virtue of Clause 5 of the said deed of lease the lessee was empowered to pull down the old buildings standing on Premises No.44, Chowringhee Road and submit to the lessor for his approval the plans, elevations, sections and specifications of the new buildings and only on approval by the lessor such plan for construction of new building might be sanctioned.
(2.) The lessee was specifically directed not to assign or transfer the lease except with the consent of the lessor. The lessee also was not permitted to sublet the premises as may be considered prejudicial to the interest of the lessor.
(3.) That on 29th April 1968, the lessee made an application before the official trustee for extending time for construction of new building over the said premises. However, the said application was rejected by the official trustee on the ground that there was no provision to extend any time or vary the terms of the lease sanctioned by the Court.;