- (1.) Heard learned Counsel for the petitioner. Petitioner's Counsel submits that late Col. Shiv Nath Misra had purchased the property in dispute from the erstwhile owners by way of registered sale-deed on 31.5.1947. Col Shiv Nath Misra prior to his death executed a Will dated 10.7.1979 by which he bequeathed all his property and bungalow No. 207 situated at Mahatma Gandhi Marg, Lucknow and agricultural plot Chak No. 543 situated at Auranga Khalsa Tehsil, Pargana and District Lucknow to his wife, namely, Smt. Raj Kumari Misra. On 16.11.1979, he expired leaving behind his widow wife and five sons. After the death of her husband, Smt. Raj Kumari became the absolute owner of the properties by virtue of Will of her husband. On the basis of Will, her name was mutated in the consolidation proceedings. On 9.11.1981, Smt. Raj Kumari Mishra before her death executed a registered Will on 9.11.1981 by which she bequeathed the property in Suit to his grandson, namely, Anoop Misra, S/o. Amar Nath Misra. In the month of September, 1983, she too expired. Subsequently, the property in suit was mutated in the name of Anoop Misra minor under the guardianship of his mother on 28.4.1989 and a certificate to the same effect was issued by the Defence Officer, Lucknow Circle and his name was recorded in the Cantonment Register.
(2.) The opposite party No. 3/defendant filed a Suit No. 467 of 1989 Onkar Nath Mishra v. Rajendra Nath Mishra and others and in the said plaint, he admitted that he is in possession of one room, varandah, a kitchen and a latrine and bathroom. The factum of the possession of Anoop Mishra was also established by the Commissioner's report in a Suit between the parties bearing Regular Suit No. 308 of 1989 Anoop Mishra v. Onkar Nath Mishra.
(3.) Petitioner's Counsel submits that despite the factum of possession of Anoop Mishra was established by the Commissioner report, Onkar Nath Mishra continues to harass Anoop Mishra and his sisters, to which he made a complaint, but no action has been taken by the police.;