LAWS(SC)-2001-10-128

KRISHANA GOPAL CHAWLA Vs. STATE OF UTTAR PRADESH

Decided On October 11, 2001
KRISHNA GOPAL CHAWLA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are before this Court, aggrieved by the order dated 17-11-1998 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 34383/97. In brief, the relevant and necessary facts for disposing of this appeal are the following :-

(3.) The property in dispute is premises No. 7/86 along with the land, which forms part of Nazul plot No. 12 situated in Block-7, Tilak Nagar, Kanpur. This property was leased for a maximum period of 90 years in December, 1994 by Secretary of State in favour of one Khan Bahadur Hafij Mohd. Halim; the lease was to be renewed after 30 years from the date of its commencement with increase of 50% in rent; the lease also permitted construction of building over the land; the lessee accordingly constructed a dwelling house on the leased land; he let out the constructed premises to the State of U.P. on 3-5-1937. By that time the lessee had already got renewed the lease on 2-3-1935 in favour of Haji Mohd. Sadiq, the son of the original lessee for a further period of 30 years up to 4-12-1964. Thereafter, legal representatives of the original lessee migrated to Pakistan. Consequently, the said property was declared evacuee property by the Notification dated 3-10-1952. Later, it was put to auction by the Manager, Custodian of Evacuee Property. One Gian Chand and others purchased the said property i.e. the land and building through auction sale. They in turn sold the same to Krishna Gopal Chawla and others (appellants herein) through registered sale deeds in 1959.