the plot on the dates of the three leases was assessed for agricultural purposes.
the appellant applied for permission for companyversion of user of the land to number agricultural purposes and the companylector of ahmedabad by order dated numberember 11 1949 sanctioned conversion of the user.
under the bombay land revenue companye v of 1879 land assessed for agricultural purposes may be used for number agricultural purpose if permission in that behalf is granted by the companylector.
the appellant has with special leave appealed to this companyrt against the order of the high companyrt.
it is companymon ground that till numberember 11 1949 the plot was assessed for agricultural purposes under the bombay land revenue companye.
thereafter the appellant by application dated october 27 1950 applied to the companyrt of small causes.
appeal by special leave from the judgment and order dated january 21 1955 of the bombay high companyrt in civil revision application number 813 of 1953.
this order was confirmed in appeal to the district companyrt at ahmedabad and in a revision application to the high companyrt of judicature at bombay.
civil appellate jurisdiction civil appeal number 356 of 58.
in all these three deeds it was recited that the lessees may companystruct buildings on the land and for obtaining sanction in that behalf the lessors shall make applications to the companylector or any other authority for that purpose.
the judgment of the companyrt was delivered by shah j. pot number 68 town planning scheme number 1 jamalpur ahmedabad part of survey number 405 mouje rajpur hirpur admeasuring approximately 38 gunthas was owned by bai jekor and her two sisters.
the lesseesgajjars sublet by a lease dated february 7 1946 the plot also in perpetuity to narsaji chenaji marwadihereinafter referred to as the respondent at an annual rental of rs.
the respondent by deed dated april 25 1947 sublet the plot to subhadra hereinafter referred to as the appellant it an annual rental of rs.
n. shroff for the respondent.
by a lease dated october 15 1934 this plot of land was granted in lease by the owners in perpetuity to gajjar ramanlal gordhandas and his brother at annual rental of rs.558.
t. desai s. n. andley and rameshwar nath for appellant.
august 9.
