- (1.)The challenge in this appeal is against the common order dated 27.05.2005 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 13353 of 1992 and Civil Misc. Writ Petition No. 28558 of 2002. The High Court, by the impugned order, has dismissed both the writ petitions filed by the appellant and has further held that the entitlement of the appellant to the reliefs claimed therein will have to be adjudicated in a suit for declaration of title.
(2.)The elaborate facts will necessarily have to be recited for the purposes of bringing out the controversy involved and also to embark upon a scrutiny of the correctness of the impugned conclusions recorded by the High Court in the order under challenge.
(3.)The suit property is Bungalow No. 29, Chaitham Lines, Allahabad covered by Survey No. 143, Old Cantonment, Allahabad. There is no dispute that late Lala Manohar Lal grandfather of the present appellant had purchased the said property for a sum of Rs. 2900/- in a Court auction held on 25.11.1848. The auction sale was confirmed by the Court on 27.12.1848.
The possession of the property of the predecessors-in-interest of the appellant and thereafter of the appellant is not in dispute.