FINDINGS OF THE HIGH COURT 12. Aggrieved by the order of the First Appellate Court, the defendant/appellant herein preferred a second appeal before the High Court of Orissa, Cuttack in Second Appeal No.98/1993 and the High Court while admitting the appeal framed the following substantial question of law: “Whether the period of lease having expired long since and not been renewed, the impugned judgment of the lower appellate court is at all sustainable in law and whether the lower appellate court is justified in holding that Government cannot take possession of the land even though it has held earlier that the State can resume possession in accordance with law”. 13. The High Court after hearing both the parties dismissed the second appeal of the defendant/appellant by answering the substantial question of law in favour of plaintiff/respondent by assigning the following reasons: a. There was no material before the Collector to arrive at a conclusion that Clause 9 of the lease deed had