- (1.) COMMON questions of law and facts have been raised in these matters and therefore, they have been heard together and are being decided by this common judgment.
(2.) LEARNED counsel for the parties agree that questions involved in all these matters are common and, therefore, for the purpose of narrating facts and pleadings, Writ Petition No. 15814 of 2013 (Shri Arun Saluza Vs. Union Of India And Another) is taken as leading case and reference of pleadings will confine to this writ petition only.
(3.) THE dispute relates to shops which form part of Bungalow no. 49, Agra Cantt., Agra. Total area of Bungalow is said to be 3.2 acres and as per General Register maintained by Caontonment Board itself, it is B -3 land. Defence Estate Officer after inspection of the premises in dispute, got a sketch map prepared in which certain portions have been numbered and these are the shops let out to petitioners by lessee occupant of the Bungalow concerned. Names of petitioners, writ petition number and number of shops which are in their possession, as per said sketch map, are as under: JUDGEMENT_253_LAWS(ALL)10_2014.htm Lease rights as per Old Grant were assigned by Government of India in favour of A.H. John and G.A. John who were recorded occupants in General Land Register, maintained by Cantonment Board. It is thus on old grant terms as contained in Governor General's Council's order no. 179 of 1836. The original lessee transferred lease rights of Bungalow in favour of Heera Lal Patni and Munni Lal Mehra vide sale deed 10.7.1946. It is said that the aforesaid transfer initially, was without prior approval of the competent authority. The transferees submitted their registered admission deed dated 22.03.1954, admitting Governor General's rights over land and trees of the bungalow by continuing in possession thereof. Both the transferees partitioned property amongst themselves and disputed part of the land came in the share of Munni Lal Mehra.;