MEENAKSHI CHITKARA Vs. UNION OF INDIA

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree of learned Additional District Judge (I) Shimla dated June 11, 1992. Litigation is of long standing and has a chequered history. Facts necessary for the disposal of this appeal may be noticed :

(2.) The area and boundaries of Lauriston Estate located in Lower Kaithu of Shimla town, is a question which has defied solution for forty years of the protracted litigation.

(3.) Arthur Ville rechristened as Lauriston was once owned and possessed by Mrs. AWC Bowder who sold this Property to Captain Malik Umar Hayat Khan Tiwana by a registered sale deed dated October 21, 1913 (Exhibit P6). The mutation was attested on January 4, 1921. Adjacent to this property, towards west, is located the estate known as Newton Ville which once belonged to one Mrs. W.J.S. Britts. The property was destroyed in fire. The vacant site of this estate was also purchased by Captain Malik Umar Hayat Khan. It is the admitted position that Captain Malik Umar Hayat Khan was the owner of three Estates. Lauriston, Newton Ville and Garden View, which are in contiguity, immediately before the partition of the Country in the year 1947. After the partition of the country, all these three Estates, Lauriston, Newton Ville and Garden View became Evacuee properties and vested with the defendant No. 1 Union of India under Administrative Evacuee Property Act, 1950.