Lease deed– The Management/Executive Committee of the Orphanage had no authority to deal with the land other than for the purpose stipulated in the indentures–
We are of the view that the lease deeds, Annexure-‘A’ series are short term leases incorporating specific terms and conditions, breach of which would result in the land reverting to the Government. The Management/Executive Committee of the Orphanage had no authority to deal with the land other than for the purpose stipulated in the indentures. Those persons at the helm of the affairs of the Orphanage could not arrogate to themselves the authority to transfer the title in the property, which they themselves did not have. The Orphanage was given the property on a short term lease, which was apparent from the lease deeds. As long as these lease deeds existed and as long as the terms were not altered by the executant of the deeds none had the authority to deal with the land other than the purpose for which the lease was granted. The agreements entered into between respondent Nos.15 and 17 and respondent No.16 as well as the power of attorney are, therefore, illegal and void ab initio and of no legal effect. We do not find any illegality or impropriety in the impugned judgement and order of the High Court Division. The Civil Petition for Leave to Appeal No.133 of 2017 is dismissed. Consequently, the Civil Petition for Leave to Appeal Nos.530 of 2017 and 633 of 2017 are also accordingly dismissed. ... Mir Showkat Ali =VS= Morsalin Khan(Md.), (Civil), 2019 (1) [6 LM (AD) 245] ....View Full Judgment