- (1.) This order shall dispose of Civil Appeal No. 7284 of 2001 arising from the order of the Division Bench of the High Court of Judicature at Allahabad dated January 7, 2000 in Civil Misc. Writ Petition No. 13353 of 1992 and Civil Appeal No. 6637 of 2003 arising from the order of the another Division Bench of the High Court of Judicature at Allahabad dated 5th March, 2003 in Civil Misc. Writ Petition No. 28558 of 2002. Both the impugned orders pertain to the same set of property between the same parties. Seemingly, there is a contradiction and inconsistency in the two orders passed by the two different Benches. For the reasons stated hereinafter the matters need to be remanded back to the High Court for a fresh decision for disposal by taking them up together to avoid any contradiction or inconsistency.
(2.) Facts in Civil Appeal No. 7284 of 2001 The property in dispute situate in Survey No. 143, Old Cantonment, Allahabad was put to auction in execution of a decree against the judgment debtors-Scott and Spencer. The property in dispute was put to auction on 25th November, 1848 and was purchased by the decree holder Lala Manohar Lal, (Grand Father of the appellant) for a sum of Rs. 2,900/-. The auction sale was confirmed by the Court on 27-12-1848. Respondents on behalf of the Union of India on the strength of Governor General's Order No. 179 dated 12th September, 1836 issued a resumption notice dated 26th December, 1968 to the appellant and tried to take possession. Appellant filed Writ Petition No. 175 of 1969 in the High Court challenging the notice alleging, inter alia, that the property in dispute is in his ownership and possession. The same was purchased by his predecessors-in-interest in an auction sale and has fallen to his share in the family settlement. That Union of India was not the owner of the disputed property. That he had also perfected his title by adverse possession. This claim was resisted by the Union of India on various grounds. This petition was finally dismissed on 6th July, 1970 with the observations that it involved highly disputed questions of fact relating to title which could not be adjudicated upon in exercise of writ jurisdiction. The parties were relegated to their alternative remedy of filing a civil suit, if so advised.
(3.) The appellant thereafter filed Suit No. 147 of 1971 in the Court of Additional District Judge, Allahabad against the tenant/sub-tenant for recovery of arrears of rent and ejectment from the property. Union of India claiming to be the owner after the resumption notice also issued a notice to the person occupying the property as a tenant for recovery of the arrears of rent.;