VIJAYA RAJLAXMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner is seeking quashment of Annexure-P/1 dated 5-11-1999 passed by the Collector Sagar holding that second respondent Sagar University is entitled to receive the rent of all the government offices situated in the vicinity of "Nepal Palace" and further holding that application dated 26-2-1999 of the petitioner to pay the said rent to her has been rejected.

(2.) The facts necessary for disposal of this petition lie in a narrow compass. Suffice it to say that the petitioner Smt. Vijayaraje Laxmi Choudhary has filed this petition on the averments that she is co-owner of "Nepal Palace" situated in Civil Lines Sagar. According to her, other co-owners sold their undivided portions to the Sagar University. The petitioner continued in possession of portion of the "Nepal Palace" on the ground, first and second floor even after the sale of their respective portions by the co-owners. The petitioner also entered into an agreement dated 2-2-1968 whereby piece of land admeasuring 80,000 sq. feet adjacent to "Nepal Palace" was transferred to her on the condition that by a registered deed of transfer she will relinquish her share. After the execution of the said agreement between the Sagar University and petitioner, one of the co-owners namely Ajay Rana filed a Civil Suit No. 120- A/1977 in the Court of First Civil Judge, Class- II, Sagar and injunction was also sought against the petitioner restraining her from transferring any share of "Nepal Palace" to the University. Despite the suit was filed and during its pendency the petitioner and University entered into an agreement dated 9-9-1974 (Annexure- P/2) whereby it was agreed that the petitioner shall continue to remain in possession of portion of "Nepal Palace" described in said agreement. The Civil Suit was decreed by the trial Court but in appeal filed by present petitioner, the judgment was reversed. Eventually Rana Ajay (plaintiff of that suit) preferred appeal which was registered as S. A. No. 263/1984. After admission the Court vide order dated 18-4-1984 restrained the petitioner Vijayaraje Laxmi (first respondent of said second appeal) from transferring the suit property in favour of Sagar University. The said interim order was confirmed on 13-8-1984.

(3.) It is further the case of petitioner that except for two years during which she resided at various places wherever her husband, being an Army Officer, was posted and in absence of petitioner her brother Shri U.S. Rana was looking after her property and let out it to Executive Engineer Survey and Investigation Division and also to PWD Sagar. After the death of her said brother, the above- mentioned tenants were not able to decide to whom the rent of leased premises is to be paid whether it should be paid to the present petitioner or LRs of U. S. Rana. Eventually the said tenants asked the petitioner to get an order from the Collector in this regard. It is further the case of the petitioner that it was not contemplated upon those government offices asking the petitioner to obtain an order from the Collector but on their insistence the petitioner moved an application to the Collector, who vide order dated 13-7-1984 directed that rent should be paid to the petitioner.