BHUWAN ARYA Vs. GIRISH CHANDRA MAINALI

JUDGEMENT

(1.) PETITIONERS before this Court are invoking its supervisory jurisdiction under Article 227 of the Constitution of India against the concurrent judgments passed by the two courts below.

(2.) THE dispute pertains to one -half of the appurtenant land of house no.723 situated in Survey No.99/70 at Cantonment area, Ranikhet, District Almora. The said house itself has been erected on an area of 1900 square feet and the total appurtenant land of the house is 0.448 acre, which is equivalent to 19515 square feet. On 25.08.1977, this house was purchased by the predecessors -in -interest of all the petitioners, namely, Sri Vidya Sagar and his real brother Shankar Lal, sons of Sri Ganga Ram; and the land, whereon this house was erected as well as the afore -stated appurtenant land, was taken on lease from the Union of India for a period of 30 years on the annual rent of Rs.72.20 paise. On 1.2.1978, after almost five months of execution of such lease deed, lessor Vidya Sagar and his brother executed a sale deed of the house for consideration of Rs.9,000/ -. On 17.2.1982, one -half portion of this house was re -purchased by the original leaseholders -Aryas from the respondent Girish Chand Mainali.

(3.) THE dispute arose when Sri Mainali filed release application on 14.5.1993 under Section 21(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the Court of Prescribed Authority, not for one -half of the house owned by him (Since Aryas were under tenancy of one half portion of the house owned by Sri Mainali while on other half, they themselves were in occupation as the owners) but for the one -half of appurtenant land of the entire house. Mr. Mainali also got the Map sanctioned on 16.9.1992 from the competent authority of the Cantonment Board for further construction of a new house on that land. This release application was resisted by petitioners -Aryas and the same could be adjudicated only on 3.10.2013, i.e. after more than ten years, by the Prescribed Authority of Almora, whereby he accepted the application for release of 8507.50 square feet of land.