- (1.) This is Plaintiff's second appeal arising out of Suit No. 257 of 1989, filed by the Plaintiff/Appellant, which was decreed. The Defendants / Respondents filed an appeal, which was allowed by order dated 18.03.2008, by dismissing Suit No. 257 of 1989.
(2.) The facts, arising out of the present appeal, are that the Appellant is a registered society under the Societies Registration Act and runs a Junior High School in the name and style of Dr. Ambedker Junior High School and Inter College as well as Degree College. A piece of land shown by letters A, B, C, D, E, F was alloted to the Plaintiff-Appellant for running the Junior High School. The Plaintiff was in possession of the land on the basis of patta granted by Gaon Sabha. The total area was 11 Bigha, 4 Biswa, 5 Biswansi. The said land was lying within different housing scheme of Avas Evam Vikas Parishad. The possession of this land was taken by the Defendant without any acquisition and requisition on the basis of assurance to allot other land in Scheme No. 3 & 7 and subsequently allowed the Plaintiff to take possession over the land in dispute in exchange of land, which was in possession of the Plaintiff on the basis of patta. The land shown by red colour in the said map marked by letters M, N, O, P, Q, S, T, D', C' and XYZ were also in possession of the Society from the year 1984. In the letter dated 20.03.1974, addressed to the Defendant no3, accepted the transfer of the institution form the land of scheme No. 1 to 3 with certain conditions. One Sri Jagdish Saran Agarwal, the then Adhyaksh of U.P. Avas Evam Vikas Parishad sent a letter to the Plaintiff society intimating him regarding passing of resolution of 12 acres land to be handed over to the institution adjoining to the land which has already been leased out to the Plaintiff society within scheme No. 3. The above condition was accepted by the Defendant and in pursuance thereof, the land, which was shown by letter A-1, B-1, C-1, D-1 and E-1 in the attached site plan was allotted to the Plaintiff society. The adjoining land shown in red colour in the site plan was in possession of the land holder at the time when the Plaintiff society took the possession of 2 acres land of the School. The land holders left possession in the year 1984 and on the land holders leaving the possession of the land in dispute, the Plaintiff society took the possession thereof in pursuance of the promise of Defendant Nos. 1 & 3 for allotment of 10 to 15 acres of land from scheme No. 7 of the land in suit shown in the plaint. By letter dated 15.10.1974, the Basic Shiksha Adhikari also recommended the claim to the Defendant for allotting the adjoining land in dispute measuring 10 acres. The Commissioner vide its letter dated 14.09.1988 also intimated Defendant Nos. 1 & 2 to allot the requisite land to the Plaintiff. The Defendant No. 1 also given their report on 03.11.1988 for allotment of land to the Plaintiff. The above officers have also admitted that the formal allotment of the aforesaid land of the Plaintiff was under process and the same was likely to be allotted for running the school.
(3.) The Defendants are bound by the principle of promissory stopple, as the Plaintiff is in possession of the land in question on account of the reason that the land which was given by the Gaon Sabha to the Plaintiff was retained by Avas Evam Vikas Parishad without any acquisition for their other housing scheme and allowed the Plaintiff to occupy the land in dispute. It is also relevant to mention that no compensation in respect of patta land was given by the Defendant to the Plaintiff. In this view of the matter, the possession of the Plaintiff is legal over the land in dispute on account of exchange of land done by Avas Evam Vikas Parishad.;