YOUNG MEN CHRISTIAN ASSOCIATION Vs. HOLY MOTHER OF AUROBINDO ASHRAM OF PONDICHERRY
LAWS(MEGH)-2013-10-9
HIGH COURT OF MEGHALAYA
Decided on October 21,2013

YOUNG MEN CHRISTIAN ASSOCIATION Appellant
VERSUS
Holy Mother Of Aurobindo Ashram Of Pondicherry Respondents

JUDGEMENT

- (1.) This writ appeal is directed against the Judgment and Order dated 3-10-2000 passed by the Learned Single Judge in the writ petition registered as Civil Rule No. 113(SH) of 1998 and Order dated 6-1-2004 passed on Review Petition No. 4(SH) of 2002. Earlier, this Writ Appeal was decided on 23-9-2009. However, the said order was set aside by the Apex Court vide its order dated 19-10-2012 passed in Civil Appeal No. 7601 of 2012 and Civil Appeal No. 7602 of 2012, and the matter was remanded for fresh decision of the Writ Appeal on merits not only against the review order but also against the main order dated 3-10-2000 passed in the writ petition.
(2.) Heard learned counsel for the parties at length and perused the papers in record.
(3.) This case has a chequered history. Brief facts of the case are that the writ petitioner, Holy Mother of Aurobindo Ashram, represented by Shri Aurobindo Institute of Indian Culture, Shillong filed the writ petition No. 113(SH) of 1998 with the pleading that plot No. 5 and 5A of lease hold land known as Morven Estate situated behind Raj Bhavan, Shillong was owned by one S.M. Maitra, a Philanthropist of Calcutta who gifted the entire land to Holy Mother of Aurobindo Ashram, Pondicherry on 20th April, 1955. It is also stated in the writ petition that plot No. 5 was originally leased out to one Edmond Harrison (wrongly mentioned as H.M.Hadow) for a period of 99 years with effect from 1-9-1865 vide lease agreement dated 8-3-1875 (Annexure V to the writ petition), and after changing hands several times, finally it came to S.N.Maitra in 1949 before the same stood transferred in the name of the writ petitioner in 1955. It is also pleaded in the writ petition that as per the mutation record and the original lease, boundaries of plot No. 5 are shown as under: North: Drainage East: Drainage South: Drainage West: Government Road.;


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