Treasurer Of Charitable Endowments vs S.F.B. Tyabji on 10 February, 1948
The Learned Counsel for the Appellant has submitted that originally it was the assignment of lease for 99 years and the property originally belonged to one Soorajmull Mohta and others, all trustees of Mohta Dharmart Nidhi who was the lessor and one Shanti Devi Dalmia was lessee. It was a lease for 99 years. Subsequently Shanti Devi Dalmia constructed a new multi-storied building in the premises according to the sanctioned plan. Shanti Devi Dalmia created sub-lease in favour of OP Nos.1 and 2. It is contended that it was not a case of out and out sale and title to the property cannot be transferred in a leasehold property. The Learned Counsel for the Appellant has referred to the decision reported in AIR (35) 1948 Bombay 349 [Treasurer of Charitable Endowments vs. S.F.B. Tyabji].