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TMI Blog1972 (5) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... concerned mainly with Plot No. 670. On August 31, 1940, a deed of lease had been executed on behalf of the Municipal. Corporation granting a lease free of premium to the Hitkarini Sabha, Jabalpur, which is the appellant before us. The lease was in respect of 10 Acres of land comprising Plot No. 670 and another strip of land measuring 0.621 Acres as. described in the deed and delineated in the plan annexed thereto. The period of the lease was 30 years and the purpose for which the land was to be used was for locating and running the Hitkarini City College. Amongst other terms and conditions the appellant was to pay a yearly rent of ₹ 5/- for 10 acres and Re. 1/- for the other strip of land besides paying and discharging all rates and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the dispute regarding apportionment the High Court held, following a decision of a Division Bench of the same court in Dagdulal v. Municipal Committee, Burhar 1960 M.P.L. J. 627 , that the lease deed having been executed by the Administrator during the time when the Corporation stood superseded was ineffective to convey the lease hold interest to the appellant. However, the appellant had been paying rent at the stipulated rate which had been accepted for a long time by the Corporation. It amounted, therefore, to the creation of a tenancy by necessary implication and the relationship of landlord and tenant came into existence. On the character of tenancy, whether it should be deemed to be from year to year or whether it should be on terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised. One relates to the quantum of compensation awarded by the learned Additional District Judge and the other to the apportionment between the appellant and the Corporation. We shall first deal with apportionment. It has been argued that since the High Court had held that the tenancy continued on the terms contained in the lease deed benefit should have been given of the renewal clause also. The High Court had taken the view that that Clause was uncertain and vague and did not form a valid contract for the renewal of the lease. Our attention has been invited to a judgment of the Mysore High Court in H. V. Rajan v. C. N.Gopal and Ors. A.I.R. 1961 Mys. 29 . There the relevant portion of the renewal clause was lessee shall have the optio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Administrator had no power whatsoever to sell the property which had vested in the Government. The Additional District Judge had observed that the lease deed had been executed in pursuance of a resolution which had already been passed by the Municipal Committee. The High Court, however, found on the evidence produced before the Additional District Judge that the final resolution passed by the Municipal Committee was only for the grant of a license and not a lease to the appellant. The deed of lease, therefore, was held to be ineffective for conveying any lease-hold interest to it. But still the High Court held that the tenancy was to last for a period of thirty years. 7. We are wholly unable to comprehend how any lease could be spelt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cturing purpose in which case the lease would have been from year to year. We are therefore unable to accede to the contention that the renewal clause in the lease deed dated August 31, 1940 was effective and should have been taken into consideration while making the apportionment between the appellant and the Corporation. 8. The next question relating to quantum can be disposed of shortly. The sole criticism of Mr. Chagla is that the potential value of the plot in question was not taken into consideration It is true, as pointed out in Raja Vyrigherla Marayana Gajapatiraju v. The Revenue Divisional Officer Vizagapatam 66 I.A. 104 that where the land to be valued possesses some unusual or unique features as regards its position or its p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering all these factors and also calculating the built-up area in the lay outs surroundings the acquired land, we find that it is only eighty per cent of the land which can be sold as building site. On these calculations if the average price of the plots sold in the locality is taken to be -/12/- per sq. ft. the overall price of the acquired land without roads and drains would work out to a little less than -/9/- per sq. ft. To put the matter in a different way, the value of -/10/-per sq. ft. found by the Additional Judge would work out to a little over -/12/- per sq. ft., if only the area which could be built upon is considered saleable as building site. We, therefore, find that the price at -/10/-per sq. ft. allowed by the Addition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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