CHIEF EXECUTIVE OFFICER Vs. SURENDRA KUMAR VAKIL

JUDGEMENT

(1.) These appeals pertain to a property admeasuring 11.37 acres comprising Survey No. 392 and known as Bungalow No. 39, Sagar Cantonment. As per the General Land Register maintained under the Cantonment Land Administration Rules of 1925, the said property is shown as held on 'old grant' terms and stands in the name of Shri S.N. Mukherjee. The site is described as B-3 land and is placed under the management of Defence Estate Officer, Jabalpur Circle, Jabalpur.

(2.) According to the respondents, by a sale deed dated 27th of September, 1927, S.N. Mukherjee and his wife, Sarjubala Devi, purchased the said property together with the adjoining Bungalow No. 40 from one Pandit Murlidhar Dubey. The terms of the sale deed, however, do not disclose the nature of the rights possessed by Dubey over the land comprising Bungalow Nos. 39 and 40.

(3.) S.N. Mukherjee who was the occupancy holder as recorded in the General Land Register died in the year 1972 leaving behind 11 legal heirs. Bungalow No. 39 which is the subject matter of the present appeals, however, was not mutated in the names of the legal heirs since they did not apply for mutation. By four registered sale deeds dated 26-2-1983, the heirs of S.N. Mukherjee sold the entire property consisting Bungalow No. 39 in favour of 24 persons who are the respondents. One Gopal Das Soni obtained power of attorney from both the vendors as well as the vendees for dealing with the said property and taking all proceedings in connection with it.