JAGAT NARAIN PRASAD SAHU Vs. MADHUSUDAN DASS

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for a declaration that the transfer of a plot by the Government of the Utter Pra-desh in favour of defendant-respondents 1 and 2 is ultra vires and void and, in the alternative, for a declaration that the plaintiff has a preferential right of taking the transfer and for an order for the transfer of the land to the plaintiff by defendant respondents 1 and 2.

(2.) A further relief claimed was to the effect that the constructions made by defendant-respondents 1 and 2 be removed and they may be restrained by an injunction from making any other construction on the land in dispute and for maintaining the land in dispute as a passage for the public or for the plaintiff or for both.

(3.) The property in dispute is plot No. 67 in village Sahjanwa. It was formerly owned by the plaintiff-appellant. In the year 1883, the U. P. Government acquired this land for the purposes of the railway station at Sahjanwa. After the acquisition, the land was, however, not used for the purpose for which it was acquired but was allowed to be used by the public as an unmetalled road in continuation of a road leading to the station. In 1940 the Government considered that the land was not required for the purposes of a road and that it could be beneficially utilized for other purposes. The Government ultimately agreed to transfer the land to defendants respondents 1 and 2 for a consideration of Rs. 255 and the latter were put in possession of the land. The defendants then made certain constructions on a portion of the land.