RAM SUKH SHARMA Vs. K.D.A.

JUDGEMENT

(1.) These four appeals were clubbed together under the orders of the Court. All the four appeals involve common questions of fact and law, hence these are decided together by a common judgement and order.

(2.) It is noteworthy that in the present litigation the lower courts , i.e., trial courts and the first appellate courts have at all stages recorded concurrent findings of fact to conclude that Buddh Narayan Agnihotri or the persons Ram Sukh Sharma and others alleging themselves to be his tenants were not the title holders, owners of the land in dispute situate in Kakadev, Kanpur Nagar. They were tress passers and were in illegal and unauthorised possession over the land in dispute.

(3.) It emerges from the record that in furtherance of planned development of Kanpur city which was expanding in all the directions, a housing scheme was to be established in Kakadev area in the western side of the Kanpur city. A large chunk of agricultural land in village Kakadev, Pargana and Tehsil Kanpur was acquired after completing the procedure as per provisions contained in Section 36(1) of the Town Improvement Act. The disputed plots were recorded as Arazi No. 538, 539, 541. The award was issued on 01.06.1957 and the possession was taken and the same was given to Nagar Maha Palika, Kanpur on 11.7.1957. After following a detailed proceedings land was vested in the State Government. Formal Gazette notifications were issued. Possession memo has been filed as Annexure-1 (at page 17 and 19) to the counter affidavit in second appeal No. 328 of 2002. The land in dispute comprises Arazi Nos. 538, 539, 541( as per revenue entries), now recorded as plot No. 26M in Kakadev, Kanpur.