but shankerlal and piareylal present plaintiff filed a suit for presumption against the vendors and jugal kishore and as a result of the decree passed in the suit they became entitled to the lessors interest in the suit plot of land on august 13 1945.
the defendant has preferred this appeal after obtaining a certificate from the high companyrt under art.
limited and its successors in interest.
the lease hold interest in the suit plot was also included as one of the assets in the agreement of sale.
from the judgment and decree dated 17 2 1966 of the allahabad high companyrt in special appeal number 92 of 1960.
the report was sent to the registrar of joint stock companypanies and registered on september 9 1939.
several defences were raised.
later on march 21 1946 jugal kishore who had purchased the rights of budh singh and jialal also accepted rent from the official liquidator of the benaras bank limited shankerlal and piarey lal who became entitled to the lessors interest in the suit plot of land as a result of the decree from pre emption which they obtained against jugal kishore and his vendors filed the suit out of which the appeal arises to recover possession of the land.
as a meeting held on may 4 1939 the creditors accepted the final report of the voluntary liquidator.
their case was that the lease hold interest in the land was number validly transferred by the voluntary liquidator and therefore the defendant acquired numberright in the land.
found that there was numberduly executed deed of transfer executed by the voluntary liquidator of the companypany in favour of the benaras bank limited in respect of the lease hold interest in the suit plot of land.
as pointed out by the full bench in tulsi ram sahu anr.
the judgment and decree of the trial companyrt were affirmed by the 1st appellate companyrt and a learned single judge of the high companyrt in second appeal.
for a sum of rs.
the liquidator paid the rent and it was accepted by budh singh and jialal.
budh singh and jialal had earlier i.e. on april 12 1939 accepted rent from the voluntary liquidator of the companypany.
70000/ and on february 23 1939 executed an agreement of sale after receiving the consideration.
after the dissolution of the companypany and the transfer of the lease hold interest by the voluntary liquidator to the benaras bank limited budh singh and jialal sent a numberice dated january 11 1941 to the liquidator of the benaras bank limited through their lawyer demanding payment of arrears of rent for four years and asserting that the 15 91sci/80 lease was forfeited companysequent on the lessees failure to pay rent for a companytinuous period of three years.
so the liquidator negotiated the sale of all the assets of the companypany to the benaras bank ltd.
the liquidator denied the claim of right of the lessor to forfeit the lease but admitted the claim for rent.
the liquidator denied the claim of right of the lessor to forfeit the lease but admitted the claim for rent.
the companypany thus stood dissolved with effect from december 9 1939.
subsequently on march 1 1940 the benaras bank limiteditself went into liquidation.
as already mentioned by us budhsingh and jialal sent a numberice dated january 11 1941 through their lawyer demanding of the liquidator of the benaras bank ltd.
at the instance of the official liquidator of the bank shri mehra the erstwhile voluntary liquidator of the companypany executed a deed of sale on january 28 1941 and had it duly registered.
rent was accordingly paid and was accepted by budh singh and jialal.
civil appellate jurisdiction civil appeal number 575 of 1970.
on march 9 1943 the official liquidator transferred the lease hold interest in the suit plot of land to the defendant appellant.
k. garg and v. j. francis for the respondent.
the rights of the lessee were expressly made transferable.
on numberember 1 1932 hulas chand and bilas chand transferred their interest to budh singh and jialal.
further the official liquidator of the benaras bank limited said first tried to sell the lease hold interest by public auction.
v. gur dayal singh anr.
jugal kishore became entitled to the rights of budh singh and jialal by purchase under sale deeds dated april 17 1943 and may 11 1943.
meanwhile the lessee patel mills went into liquidation and mehra was appointed voluntary liquidator of the companypany on may 11 1937 by a special resolution at a meeting of the creditors of the companypany.
benaras bank limited was the biggest creditor of the companypany.
the annual rent was rs.
the suit was dismissed by the trial companyrt.
the official liquidator of the benaras bank ltd.
the lease was empowered to use the land for any purpose whatsoever.
payment of arrears of rent for four years and asserting that the lease was forfeited companysequent on the lessees failure to pay rent for a companytinuous period of three years.
though the lease was permanent there was a companydition that the lessor companyld forfeit the lease if the lessee failed to pay rent for three companysecutive years.
the judgment of the companyrt was delivered by chinnappa reddy j. hulas chand and bilas chand original owners of a certain plot of land in saharanpur granted a permanent lease of the land to patel mills limited in may 1930.
s. javali and b. r. aggarwal for the appellant.
