- (1.) In the most chequered background facts germinating this appeal, the pivotal of mooted question to be adjudicated peripheries in a rather narrow compass as to the scope and interpretation of section 17 of U.P. Gangster's and Anti-Social Activities (Prevention) Act (Act VII of 1986), hereinafter referred to as the Act, and entitlement to possession there under, on the peculiar facts and circumstances of this appeal.
(2.) Appellant Kailash Sahkari Avas Samiti, hereinafter referred to as Samiti (Society), through it's President Shaila Nath Srivastava, has preferred this appeal, challenging impugned judgement and order dated 19.5.2003, passed by Special Judge, Gangster's Act, Kanpur Nagar, in case no. 96 of 1987, Kailash Sahkari Avas Samiti versus Nand Lal and others, u/s 16/17 of the Act, P.S. Nawab Ganj, district Kanpur Nagar, by which impugned order Special Judge, Gangster's Act, has ordered that various involved landed case properties, be released in favour of respondents no. 2 to 18, u/s 17 of the Act, subject to the litigation pending in the competent court, and at the same time directing appellant Samiti and contesting private respondents to get their rights and title adjudicated and determined in the competent civil and revenue courts.
(3.) Narrated concisely, a glimpse of background facts indicate that the property involved in the case, which is subject matter of dispute, was originally owned by one Lala Gurdeen who was zamindar of village Jewra Nawabganj, district Kanpur Nagar. Lala Gurdeen had married twice. From his pre-deceased wife he had a daughter Hazaro Kunwar, who had two sons Maharaj Bahadur and Vijai Bahadur. From his second wife namely Amrit Kunwar, Lala Gurdeen had two daughters Mewa Kunwar, and Prago Kunwar. Mewa Kunwar was survived by his son Ram Dayal and grandson Madho Dayal. Lala Gurdeen expired on 10.12.1861. After demise of Lala Gurdeen, his widow second wife and his three surviving daughters had alienated certain properties, albeit they were limited owners. Smt. Amrit Kunwar died on 1.8.1880. After their demise, the three daughters inherited their real estate as limited owners without any alienation/transferable rights. Smt. Prago Kunwar lost breath on 8.7 1907, Hazaro Kunwar died on 24.1.1914, and Mewa Kunwar expired on 14.6.1923.. For succession of properties between sons of Hazaro Kunwar and Mewa Kunwar, namely Maharaj Bahadur, Vijai Bahadur, and Ram Dayal, two original suits were filed and litigation ensued in between them. First suit O.S.No. 25 of 1935, was filed by Maharaj Bahadur and Vijai Bahadur as plaintiffs claiming 2/3 share in the estate and second O.S. No. 34 of 1935 was instituted by Madho Dayal s/o Ram Dayal and grandson of Mewa Kunwar, claiming 1/3 share in the property. Trial court partly decreed both the suits on 4.10.43 as it held that most of the alienations made by the limited owners were illegal. For the reliefs, in respect of which both the suits were dismissed, two FAs were filed against trial court's judgement and decree in this court being FA Nos. 239 of 1945, and 171 of 1946. Both the FAs were judgmented by this court 14.5.63 and this court also concurred that most of the alienations made by the limited owners were illegal. However, it remanded the case back to the trial court to consider certain alienations made in favour of various persons, which also included alienation made in favour of Brahmavart Sanatan Dharm Mahamandal defendant no. 8 in the suit and also in respect of defendants no. 9 to 22 thereof. Order passed in above FAs, dated 14.5.63, was challenged by defendant no. 8 and 9 to 22 in the Hon'ble Supreme Court in civil appeals no. 636 to 639 of 1971. The apex court upheld certain part of trial court judgement and set aside remand order passed by this court.;