CAMRUS ZAMAN GHAFOOR PARIAT Vs. UNION OF INDIA

JUDGEMENT

(1.) This Second Appeal arises out of the judgment and decree dated 24.08.2009, passed by the learned District Judge, Shillong in RFA No. 2(H)/2004, reversing the judgment and decree passed by the learned Assistant District Judge, Shillong in Title Suit No. 3(H)/1991.

(2.) The brief facts leading to this Second Appeal may be enumerated as follows :

(3.) The Defendants filed a common written statement denying the averments made in the plaint. Else then taking the pleas that the suit was not maintainable, that there was no cause of action for the suit and that the same was barred by the laws of estoppel, waiver, acquiescence, limitations etc., the Defendants charted out a long history of the Shillong Cantonment as well as the suit land in Paragraph 8 of the written statement. In summary the case of the Defendants is that in terms of the Governor General's order No. 179 dated 12.09.1836 the grant of the land made to the individuals are termed as "Old Grant". Though no precise authority is available prescribing the use of the term "Old Grant" as such, it was stated that all Grants made under Governor General's order can be termed and distinguished as "Old Grant" from the lease granted under the Cantonment code and the Cantonment Land Administrative Rules, 1925 and 1937. It is the case of the Defendants that title and ownership of a parcel of land of which the suit property is a part was vested on the British Government by the Raja of Mylliem on 10.12.1863. The land comprising survey No. 61 of which Bunglow No. 14 is situated is very much a part of Cantonment area which was first granted in favour of one Mr. G.F. Smith on 17.09.1917, who in turn had transferred the property to his wife by will dated 2.08.1918 and the wife gifted the said property to her daughter on 11.11.1941 and the said daughter Mrs. F.M. Meiklejohn sold the suit property with prior sanction of the Government of India, Ministry of Defence contained in letter dated 14.11.1947 to the father of the Plaintiff who purchased the same by way of a registered sale deed dated 21.01.1948. It is the specific case of the Defendants that as per the terms of the Grant the property right belongs to Government of India and hence, the Government reserves the right to resume the land which was also admitted by both the Plaintiff and his father by admission deeds executed by them on 29.01.1957 and 11.01.1983.