VISHNU DUTT TRIPATHI Vs. VITH A D J

JUDGEMENT

(1.) Through this writ petition, the petitioner is assailing the order of the Estate Officer dated 20.8.1995 and the order of the Appellate Authority dated 9.12.1999 passed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

(2.) The case of the petitioner is that the plot in dispute being Nazul plot no. 34, Civil Lines, Kanpur was given on lease to Babu Vishwanath Khanna and Vishambhar Khanna through a lease deed dated 9.9.1932. The area covered under the lease measured 5 acres 10 poles which is equivalent to 18754 sq. yards. The lease was initially given for a period of 30 years subject to its renewal for two successive periods of 30 years each.

(3.) Sometime in the year 1932 the original lessee is said to have transferred the lease hold rights in favour of one Shri M.M. Bhargava who in turn transferred the same in favour of M/s Free India General Insurance Company through a lease deed dated 19.8.1947. Subsequently, M/s Free India General Insurance Company merged with the Life Insurance Corporation of India (hereinafter referred to as LIC), respondent no. 3 in the present writ petition. Thus the LIC stepped into the shoes of M/s Free India General Insurance Company.