The Law laid down by the Apex
Court in the case of M/s.Shrikrishnadas Tikara vs. State
Government of Madhya Pradesh ([1977] 2 SCC 741) is that
doctrine of estoppel will not apply against the Government in exercise
of sovereign powers. In any event, enhanced rent was demanded
from the original leasee and not from M/s.Kalpak or the said society.
As held by the Apex Court in the aforesaid decision, in this case
there is an absence of voluntary and intentional abandonment by the
Government. Hence, the said argument cannot be accepted.
All three authorities under the Maharashtra Land Revenue
41.
Code have recorded a finding of fact that there was a breach
committed by the original lessee of sub-clause (g) of clause 2 of the
Indenture of Lease. All the three authorities held that the said land
was required to be resumed from the Legal Representatives of the
original lessee.
The concurrent findings recorded by the three
authorities have been confirmed by the learned Single Judge. The
original Lessee has done something which was clearly prohibited
under the original Lease. We find no perversity in the view taken by
the learned Single Judge and, therefore, the finding of the learned
Single Judge on this aspect will have to be confirmed.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Wilfred Anthony Jose Pereira
LETTERS PATENT APPEAL NO.272 OF 2012
IN
WRIT PETITION NO.9449 OF 2009
V
1. The State of Maharashtra
Citation; 2014 (1) AllMR 540 Bom
