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Fateh Mohammad vs. State of Rajasthan & Ors.

52.00 5.20

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Rajasthan Municipalities Act, 2009–Sec. 73-B–Cancellation of lease deed–Justification–F was in the old and peaceful possession of the land since the year 1965–After the family settlement between F and his uncle, the Municipality issued the perpetual lease and patta in his favour for an area of 99 square yard–Grounds of cancellation of the lease deed that the false affidavit was submitted at the time of submittting the application and the construction permission was sought for the land ad measuring 197.5 square yards–Lease deed issued in favour of the petitioner could not have been cancelled after thirty years on the ground that the petitioner submitted false affidavit–Mere non-disclosure of fact of having possession of another plot cannot be the sole reason for cancellation of the perpetual lease deed and patta issued in his favour after thirty years–If the construction permission has been obtained witout possessing legal documents, same can be revoked but the same cannot be a ground to cancel the gift deed executed by the petitioner F in favour of his grandsons–Impugned order of cancellation of lease deed is liable to be quashed and set aside.