the land. e. Unilateral resumption cannot be sustained when the lessor has not approached the common law forum for determination of the lease. 14. Assailing the aforesaid judgement and decree, the State/appellant herein filed special leave petition and this Court by Order dated 31/10/2011 had granted leave to appeal. 15. We have heard, Mr. Jaideep Gupta, learned Senior Advocate appearing for the appellant-State and Ms. Fereshte D. Sethna, learned counsel appearing for the respondents. The prime contentions urged by the respective learned Advocates are as under:- CONTENTIONS ON BEHALF OF THE APPELLANT 16. It is submitted that, when the lease expired on 25/09/1965 and the legal heirs of the original lessee did not take any steps for filing any application for 9renewal of the lease till 22/12/1972 and only on 23/12/1972, one of the lessees namely Nalininath Mitra had preferred an application for renewal of the lease, question of considering said application does not arise at all. 16.1 It