MOHAMMAD AMIR Vs. LALA RAM

JUDGEMENT

(1.) THE only point urged in this case was that although the land in suit had been included within the limits of the Nagar Mahapalika of the city of Allahabad, yet the Gaon Sabha of village Mohammadpur, of which the land in suit earlier formed part, was competent to grant the lease in the Plaintiffs' favour, on which they claimed title to the land in suit, inasmuch as a notification vesting the lands in the Nagar Mahapalika was not published under Section 126 of the U.P. Nagar Mahapalika Adhiniyam, 1959. There is no merit whatsoever in this point. A local area is constituted to be a city by a notification under Section 3 of that Act, and under Sub -section (2), the limits of the local area so specified may be altered from time to time. It is not disputed that a notification under Section 3 was duly issued. Section 126 of the Act does vests in the Nagar Mahapalika all property, interests in property, and assets etc. which vested before the appointed day in the local authority for that area. The vesting did not require any notification other than the notification of declaration of a particular area as the area of the city. learned Counsel referred me to a judgment of a Division Bench of this Court in Mohammad Shaft v. Gaon Sabha, 1970 RD 450 :, 1970 AWR 502. In that case, it was held:

(2.) THAT was a case of a Town Area and was decided under the law and the provisions of the Panchayat Raj Act. In the present case, the provisions of Section 126 of the U.P. Nagar Mahapalika Adhiniyam, 1959, are clear and do vest all property, interest in property and assets etc., in the Nagar Mahapalika for the city as soon as the particular area is declared to be included in the city by a notification under Section 3 of the Act.

(3.) DISMISSED under Order 41 Rule 11 of the Code of Civil Procedure.