AIR 2001 RAJASTHAN 184 ::(2001) 2 Raj LR 311 ::2001 (3) RajLW 1398

Rajasthan High Court

Hon'ble Judge(s): Rajesh Balia, Sunil Kumar Garg , JJ

(A) Stamp Act (2 of 1899) , Sch.I Art.35(a)(iii)— Rajasthan Stamp Law (Adaptation) Act (7 of 1952) , Sch.I, Art.63— Conveyance - Supplementary lease deed - Lease of land for industrial unit by State Govt. to Company - Company transferred its unit to its subsidiary Company - Obtained consent from State Govt. for transfer of leasehold rights in land for remaining period of lease - Execution of supplementary lease deed by State Govt. in @page-Raj185favour of subsidiary Company - Said supplementary deed cannot be construed as instrument of conveyance. Transfer of Property Act (4 of 1882) , S.5— In the instant case the State Govt. had granted under Rajasthan Industrial Allotment Rules, 1959 a lease of land to "RSWM" for the period of 90 years for the purpose of setting up of an industrial unit for establishing industry. The said "RSWM" set up its factory on the said plot of land, however, for its own reasons it decided to transfer its unit to its 100% owned subsidiary company "BSL" to be incorporated . The "RSWM" proposed to assign its interest in the land held under 99 years lease from the State of Rajasthan to the "BSL". The "RSWM" applied for the consent of the State Govt. the allotting authority. The State Govt. conveyed its consent for transfer of the lease hold rights of the "RSWM" to BSL for the remainder period envisaging that the supplemen....