STATE OF UTTARAKHAND Vs. RAVI KUMAR (DECEASED)

JUDGEMENT

(1.) The core question that arises for our consideration in the present set of connected matters pertains to the ownership of land measuring 183 bigha 8 biswa which is equivalent to 28.56 acres of land, bearing Khasra Nos. 2, 3/1, 3/2, 4 to 28/1, 28/2, to 49 and situated in Village Haripur, Tehsil Haldwani, District Nainital (hereinafter, 'Suit Land').

(2.) Since these appeals arise out of a complex factual scenario and different sets of legal proceedings which proceeded in parallel, it would be appropriate to discuss the same at length before delving into the issue of law, which require adjudication before us.

(3.) The genesis of these disputes began on 20/6/1924, when one Mr. John Vaughn, son of Mr. Charles Vaughn obtained a lease of the Suit Land (hereinafter, '1924 Lease Deed') from the erstwhile colonial rulers through the Secretary of State for India in Council for thirty years on payment of rent as agreed between the parties. The lease was also extendable for another thirty years and was subject to certain conditions, which are reproduced as follows: -