An agreement to lease was however executed on December 2, 1939.
Ultimately, the lease was executed on November 3, 1951, in execution of a decree of a Civil Court for the specific performance of the agreement to lease.
The lease was executed on November 3, 1951 in execution of the decree for specific performance.
Appeal by special leave from the order dated 30th January 1962 of the Government of India, Ministry of Steel, Mines and Fuel Department of Mines Fuel , New Delhi 1 in case No.
M II 29 26 /60.
The appellant preferred a revision before the Central Government under r. 7.
428 of 1964.
4 20, 22 25 and 28 to 31.
The modifications were that the period of the lease was reduced to 25 years from December 2, 1939 and further renewal was to be regulated in accordance with the law and rules in force.
L. Sanghi, J. B. Dadachanji, 0.
C. Mathur and Ravinder Narain, for the appellant.
The original lessee, Jairam Jagmal, transferred his right, title and interest in the lease to the appellant in 1954.
It may be mentioned here that respondents Nos.
The Judgment Of SUBBA RAO, C. J., SIKRI and RAGHUBAR DAYAL, JJ.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On September 29, 1960, the Controller of Mines, modified the terms of the lease after following the procedure laid down for modifying the lease under the 1956 rules which companytinued to be in force in view of s. 29 of the Mines and Minerals Regulation and Development Act, 1957, hereinafter called the 1957 Act.
Solicitor General, R. Ganapathy Iyer and R. H. Debar, for respondent Nos.
Jairam Jagmal originally held a perpetual lease from Chimanlal Chandulal Jani and others, inamdars and owners of the mineral rights for excavating white clay from the area leased and for taking it away.
The facts leading to this appeal are as follows.
They did number, however, execute the lease, though possession over the leasehold land had been delivered to the said Jairam Jagmal after the execution of the agreement.
H. Dhebar, for respondent No.
C. Agarwala and M. S. Gupta, for respondents Nos.
Dead rent was payable at the rate of Rs.
Niren De, Addl.
was delivered by BACHAWAT, J. Raghubar Dayal, J. This appeal, by special leave, is against the order dated January 30, 1962, of the Central Government under r. 7 of the Mining Leases Modification of Terms Rules, 1956, hereinafter called the 1956 rules, on revision against the order dated September 29, 1960, of the Controller of Mining Leases, under r. 6 of the said rules.
who were formal parties, died during the pendency of the appeal and an application to bring their legal representatives on record has been rejected.
26 and 27.
1 and 2.
The lessors entered into an agreement for executing the perpetual lease, on December 2, 1939.
was delivered by DAYAL, J. The dissenting Opinion of HIDAYATULLAH and BACHAWAT, JJ.
That was rejected.
