VIJAYA RAJLAXMI Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner is seeking quashment of the impugned order dated 11.4.2000 (Annexure P/1) passed by the first respondent State of M.P. whereby the lease of the land in question has been cancelled holding that petitioner has contravened the conditions of the lease deed and thus she is not entitled to get it renewed. The State Government by impugned order has also affirmed the order of Commissioner dated 19.3.1999 passed in Case No. 147/A-20/97-98.

(2.) In brief the case of the petitioner is that she is the coowner of the immovable property namely "Nepal Palace" situated in Civil Lines at Sagar. The other co-owners sold their undivided portion of said Nepal Palace to the Sagar University. The petitioner is still continuing the possession of a portion of Nepal Palace on the ground, first and second floor even after the sale of their respective shares by other co-owners.

(3.) The petitioner entered into an agreement with the Sagar University on 2.2.1968 (annexure P/2) whereby it was agreed between them that in lieu of the land 80,000 sq. ft. which has been transferred to her, she will relinquish her share in the Nepal Palace in favour of the Sagar University by executing a registered Relinquishment Deed and she would also vacate the portion which she is possessing in the Nepal Palace within a period of six months. After execution of the said agreement, one of the co-owners Rana Ajay filed a Civil Suit no. 120-A/77 in the Court of First Civil Judge, Class II, Sagar in which he also claimed injunction against the petitioner restraining her from transferring any share in favour of the Sagar University. Upon passing such injunction order, during the pendency of the said civil suit the petitioner and the Sagar University entered into another agreement dated 9.9.1974 (annexure P/3) whereby it was agreed that the petitioner shall continue in possession of the portion of Nepal Palace as detailed in the said agreement. The said civil suit was decreed by learned Trial Court but in appeal the decree was reversed and the suit was dismissed. Thereafter Rana Ajay filed a second appeal which was registered as S.A. 236/1984 before this Court which was admitted for hearing and by order dated 18.6.1984 this Court restrained the petitioner Vijaya Rajlaxmi from transferring the suit property in favour of Sagar University. This interim order was made absolute on 13.8.1984. Later on, the said Second Appeal was dismissed on 9.12.1986.