LAWS(ALL)-2002-10-27

DEBI DAS Vs. STATE OF UTTAR PRADESH

Decided On October 11, 2002
DEBI DAS Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The property in dispute is 4site No. 48, Civil Lines, Allahabad having an area of 14,400 sq. yards, on the portion of which bungalow No. 17/27, Elgin Road and 1, Stretchy Road exist. Three suits regarding this property have been filed in the Court of Civil Judge, {Senior Division), Allahabad, in which Debi Das, the revisonist is common plaintiff and in other two suits some others have been Joined as co-plaintiffs. In brief the allegations of the revisionists are that the land of this bungalow is nazul land and revisionist Debi Das is the lessee of the same.

(2.) It is further alleged that the lease of the nazul land was last renewed in favour of Sri Debi Das on 21-12-1989 by the Commissioner, Allahabad Division, Allahabad by the deed, Annexure No. 1 to the affidavit filed in support of the revision. That therefore, he continues to be lessee of the nazul land. That the State Government has decided to confer the free hold rights upon lessees of the nazul land. That according to the Government Order the free hold rights can be conferred on the lease holder or their nominees and none else. That therefore, the free hold right regarding the disputed property can be conferred on the revisionist, Debi Das alone.

(3.) It is further contended that a power of attorney was executed by Sri Debi Das in favour of respondent No. 14. Dr. Arup Banerjee and his father B. D. Banerjee, which was unregistered and only notarized. On the basis of the same they have executed some documents on 11-3-1999 and 12-3-1999 in favour of respondent Nos. 3 to