2024 INSC 402 Non-reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9355 OF 2011 STATE OF ORISSA ....APPELLANT VERSUS SANTI KUMAR MITRA & ANOTHER ....RESPONDENT(S) J U D G M E N T ARAVIND KUMAR, J. FACTUAL BACKGROUND 1. The appellant/State of Orissa has filed this appeal assailing the order of the High Court of Orissa dated 13/11/2009 passed in Second Appeal No.98/1993 whereunder second appeal filed by the appellant herein came to be dismissed and consequently the judgement and decree passed in favour of the 1respondents by the First Appellate Court in TA No.2/100 of 1992-1991 came to be affirmed. 2. The suit property, being a Khasmahal, measuring 594 decimals situated in Plot bearing No.894, Khata No.158, Balukhand Puri was originally leased in favour of one Shailendra Nath Mitra (hereinafter referred to as ''original lessee'') for 30 years commencing from 29/09/1905 and said lease was due to expire on 29/09/1935. On 16/10/1935, the original lessee