The appellants are assignees of two separate leases under the respondents, Calcutta Port Trusts.
Appellants protested against the unilateral illegal action of the respondents.
The Notification dated 20.1.1983 and the letter dated 23.7.1987 were challenged by the appellants by way of writ petition under Article 226 of the Constitution of India.
These findings were upheld by the Division Bench.
The appellants expressed the desire for a renewal of the leases for another 30 years, which expired on 30.6.1977.
These leases were granted by the respondents in the year 1947 for an initial period of 30 years.
On 20.1.1983, the respondents purported to numberify a schedule of rent charges specifying the rent to be charged for plots of land in various localities.
By letter dated 23.7.1987, the appellants were informed about the increase in rent under the lease deeds, upto the schedule rate of rent, under the clause for enhancement of rent every ten years.
By the aforesaid judgment the Division Bench has upheld the judgment and order dated 30.8.2000 passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition challenging the newly added clause permitting 25 increase in rent every ten years and the huge amount on account of arrears of rent claimed by the respondents from the appellants for the plots of land leased to the appellants.
However, the letters companytained an identical stipulation as follows The renewal will be subject to the following companyditions, besides other general companyditions as embodied in the Trustees standard lease from xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx the lease will companytain clause reserving to the Trustees the right to raise the rate of rent every 10 years during the initial period of the lease and also during the optional period of the lease upto 25 for the schedule rent prevailing at such time whichever is higher At the same time the letters purported to enhance the rent from the original sum of Rs.2,484.37 to Rs.17,226.40 an increase by 700 .
The respondents by companymunications dated 17.10.1977 and 29.12.1977 offered the appellants, renewal of the leases of the Plots on similar terms and companyditions.
However, the appellants started to pay the enhanced rent, under protest.
The leases were granted in respect of the Plots at Taratola Road.
These findings have been challenged in this appeal by the appellants.
The draft lease deeds which were sent to the appellants on 15.11.1978 were number signed by the appellants.
SURINDER SINGH NIJJAR, J. This appeal is directed against the judgment and order dated 5.2.2004 passed by the High Court at Calcutta in MAT No.3993 of 2000.
