ROCHEES HOTELS PVT LTD Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Since both these appeals arise out of the common impugned order dated 14-8-1998 passed by the learned single Judge disposing of writ petition bearing No. SB Civil Writ Petition No. 5766/1997 (Rochees Hotels Pvt. Ltd. v. Jaipur Development Authority), they are being decided by this common order.

(2.) The appellant Rochees Hotels Pvt. Ltd. is a Public Limited Company incorporated and registered under the provisions of the Companies Act, 1956 while appellant Ishwar Dass is the Director of the said appellant Company. The appellants entered into an agreement, dt. 10-5-1987 for purchase of 2450 Sq. Yds. of land situated at Tonk Road, Jaipur which was executed between Shri Parmanand Ojha in his personal capacity as well as in the capacity of Power of Attorney Holder on behalf of Smt. Padmawati Ojha. On the basis of above agreement dt. 10-5-1987, the registered sale deeds were executed in favour of Ishwar Dass, Laxman Dass and Nanak Dass sons of late Shri Rochi Ram for sale of the aforesaid land which were duly registered by the Sub-Registrar, Jaipur on 18-12-1989.

(3.) Before dealing with the contentions advanced by the learned counsel for the parties, we would like to refer to the brief background which is relevant for deciding the controversy between the parties thus :- A patta was executed by the Government of the former State of Jaipur on 10-10-1909 in respect of 70 bighas of land, including the land in dispute, whereby lease for a period up to Samwat 1994 (1937-38 AD) was granted to one Shri Praduman Ojha. Before the expiry of period of the lease, with the said patta, the Government of the former State of Jaipur, issued Tenancy Rules for 'Chak Bandi' Villages on 23-12-1931 which were brought into force w.e.f. September, 1931 and under Rule 2 of the said Rules a right was conferred on every tenant to occupy his holding for his lifetime, and Rule 4 provided that on the death of a tenant, his legal heirs shall be entitled to retain possession of the holding for a period of five years from the first date of September next following the date of the tenant's death, on payment of the rent payable by the deceased tenant and on the expiry of four years, the Tehsildar was required to report for the orders of the Nazim whether in his opinion the legal heirs should or should not be permitted to retain the holding for his life. By virtue of these Rules Shri Praduman Ojha was entitled to continue as tenant through his lifetime. During his lifetime itself, the Govt. of former State of Jaipur issued a notification dt. 17-9-1945, whereby the tenant who had completed 10 years of his possession in Samwat 2000 (1943 AD), was deemed to be a tenant of old standing and was not liable to be ejected. Thereafter, by virtue of the provisions of Section 8 of the Jaipur Tenancy Act, 1945, Shri Praduman Ojha became the khatedar tenant of the said land as on the date of commencement of the said Act, he was in continuous occupation of the land in dispute as a tenant. By virtue of Section 8(1) of Jaipur State Grants Land Tenure Act, 1947 and the Rajasthan Tenancy Act, 1945 as well, Shri Praduman Ojha acquired the Khatedari rights in his favour as regards the same land and after his death, on 14-5-1965, his legal heirs succeeded to his right in the land and remained in possession of the said land. Meanwhile, in Samwat 1987 (1931 AD) 'Misal Haquiyat' (settlement) of Village Bhojpura was prepared by the Govt. of the former State of Jaipur and the name of Pandit Madhu Sudhanji, father of late Shri Praduman Ojha was entered therein as a cultivator of the land in dispute. On 15-11-1951 the Revenue Department issued certain directions to the effect that Smt. Padmawati Ojha wife of late Shri Praduman Ojha may continue to enjoy the income derived out of garden and 15 bighas of land, as she had earlier been deriving till then. The total area referred to above forms part of Khasra Nos. 477 to 484 and a part of Khasra No. 485 of village Bhojpura measuring 76 bighas. Khasra Nos. 478, 479 and 480 was known as Ojha Ji Ka Bag while the area of Khasra Nos. 477 and 481 was the adjoining land known as 'Ojha-Ji-Ka' Bagh measuring 15 bighas of land. With the permission of late Shri Praduman Ojha certain shops were allowed to be built up in Khasra Nos. 477 and 481 the rent of which was regularly paid to Shri Ojha till 1967.