S.D. Agarwala, J. - (1.) THIS is a petition under Article 226 of the Constitution of India.
(2.) THE land in dispute is an area of 252 Sq. yards of open nazul land, situate in Phatak Suraj Bhan, Belanganj, Agra. This land is adjoining to the house of the petitioner Padam Chand Goyal as well as to Kanhaiya Lal, respondent No. 3. On 19th November, 1946, the Collector, Agra, granted a lease of the land is dispute in favour of Kanhaiya Lal, who was then a minor along with his mother Smt. Angoori Devi, wife of Munni Lal Vaish, the father of the respondent No. 3, for a period of thirty years with effect from 15th May, 1946. A lease deed was, thereafter, executed in favour of the respondent No. 3 and Smt. Angoori Devi.
(3.) A dispute in regard to the land arose after the lease expired on 15th May, 1976. Initially ,Kanhaiya Lal applied for renewal of the lease. By an order dated 20th May, 1978, the Collector, Agra, ordered renewal of the lease in favour of Kanhaiya Lal, but before the lease deed could be executed and registered an application was made by the petitioner Padam Chand Goyal objecting to the grant of the lease in favour of Kanhaiya Lal and on 27th August, 1980. he also made an application before the Collector. Agra, not only for cancellation of the order granting lease in favour of Kanhaiya Lal, but also seeking renewal of the lease of the land in his favour.;