PURSHOTTAM DAS TANDON Vs. MILITARY ESTATE OFFICER

JUDGEMENT

(1.) This order shall dispose of Civil Appeal No. 7284 of 2001 arising from the order of the Division Bench of the High Court of Judicature at Allahabad dated January 7, 2000 in Civil Misc. Writ Petition No. 13353 of 1992 and Civil Appeal No. 6637 of 2003 arising from the order of the another Division Bench of the High Court of Judicature at Allahabad dated 5th March, 2003 in Civil Misc. Writ Petition No. 28558 of 2002. Both the impugned orders pertain to the same set of property between the same parties. Seemingly, there is a contradiction and inconsistency in the two orders passed by the two different Benches. For the reasons stated hereinafter the matters need to be remanded back to the High Court for a fresh decision for disposal by taking them up together to avoid any contradiction or inconsistency.

(2.) Facts in Civil Appeal No. 7284 of 2001

(3.) The appellant thereafter filed Suit No. 147 of 1971 in the Court of Additional District Judge, Allahabad against the tenant/sub-tenant for recovery of arrears of rent and ejectment from the property. Union of India claiming to be the owner after the resumption notice also issued a notice to the person occupying the property as a tenant for recovery of the arrears of rent.