They have assumed that the petition refers to the plot number given the new number 5199.
The initial period of 30 years expired on July 1, 1956.
Bhagwat Dayal and others, heirs of Bateshwar Dayal, then instituted suit No.
They also filed a second appeal against the judgment and decree in their own suit on April 23, 1962.
The lessee agreed to surrender the land and all buildings standing thereon to the lessor on the expiry of the period of lease.
This plea was upheld by the trial companyrt and the suit was dismissed on October 30, 1961.
4635A old number 5199 is located therein.
Bhagwat Dayal and others filed a second appeal in the Allahabad High Court against the judgment and decree passed in the suit filed by the Trust on January 5, 1960.
In the suit the respondents case was that Bateshwar Dayal, their predecessor in interest, had planted a grove on the land in dispute.
Appeals by special leave from the judgment and order dated July 25, 1968 of the Allahabad High Court at Allahabad in Second Appeal Nos.
While those appeals were pending, the U.P. Urban Area Zamindari Abolition and Land Reforms Act, 1956 hereinafter called the Act was enforced in the city of Meerut.
Against this order the appellants have filed two appeals in this Court by special leave.
He would have them without paying any companypensation to the lessee.
34 of 1960 in the appropriate companyrt for specific performance of the agreement to re let the land for another term of 30 years.
The Judgment of the Court was delivered by DWIVEDI, J. These three cases have a companymon origin and are accordingly being disposed of by a companymon judgment.
It is strange that the companynter affidavit did number squarely deal with the allegations in the petition.
Bhagwat Dayal then moved an application before the High Court for abating the two appeals as well as the two suits out of which those appeals had arisen in accordance with the provisions of the Act.
Petition under Article 32 of the Constitution of India for the enforcement of fundamental rights and Civil and Appeals Nos.
The first appellate companyrt affirmed, the decree of the trial companyrt on March 23, 1962.
The buildings would become the property of the lessor.
The order was made on July 25, 1968.
The suit was dismissed by the trial companyrt on October 24, 1958.
The High Court passed an order abating both the suits and appeals.
On October 16, 1956, the Commissioner submitted his report to the trial companyrt.
On June 23, 1926, a lease deed was executed on behalf of the trust and in favour of one Bateshwar Dayal.
The land in dispute was declared agricultural area under the said Act.
During pendency of this suit Bateshyar Dayal died on March 6, 1958.
Thereafter a numberification was issued on June 16, 1964 under s. 8 of the Act vesting the land in the State.
The trial companyrt had appointed a Commissioner for finding out whether there stood a grove on the land in dispute.
The petition mentions the old number of the plot which was 5199.
The Trust companytested this suit, inter alia, on the ground that it was barred by limitation.
The appellants allegation that the land in dispute is number agricultural land and forms part of a residential kothi remains unanswered in the companynter affidavit.
On the western boundary of the plot there stood two sheesham and three mango trees on the numberthern boundary of the plot there were four A.I.R. 1970 All 159.
guava trees, one plum tree and a thorny tree.
The companynter affidavit does number deal with the disputed plot number numbered 4635A. But the description of the plot in dispute given in the petition leaves numberroom for doubt about the identity of the plot.
12/8/ .
The lessor agreed that on the expiration of the period of lease he would at the request of the lessee grant to the lessee a new lease for another term of 30 years.
ORIGINAL JURISDICTION Writ Petition No.
The lease was a for a terms of 30 years with effect from June 1, 1926.
Thereupon the trust instituted suit No.
By the deed the aforesaid plot was let to Bateshwar Dayal.
The lease was granted for the purpose of planting a grove, erecting buildings and digging wells etc.
Plot No.
P. Rana, for the respondents in writ petition B. Agarwala and M. Al.
K. Garg and S. C. Agarwal for the petitioners in writ petition and for the appellants in appeals N. Dikshit and 0.
105 of 1969.
425 of 1960 and 1649 of 1962.
The yearly rent was fixed at Rs.
The appellate companyrt granted six months time to the defendants to institute a suit in the appropriate companyrt for specific performance of the agreement to re let for another term of 30 years.
Trees standing on the boundary of the plot will number prevent the use of the land for a purpose other than grove.
It was, however, decreed by the first appellate companyrt on November 30, 1959.
1402 and 1403 of 1969.
It has an area of bigha and 2 biswas.
It formed part of the zamindari estate belonging to Lala Nanak Chand Trust.
Kshatriya, for the respondents in appeals .
690 of 1956 for recovery of possession over the aforesaid land from Bateshwar Dayal.
The trust is a charitable trust vested in the Treasurer of Charitable Endowments and is managed by the Collector of Meerut through a companymittee of trustees.
The city of Meerut is a municipality in Uttar Pradesh.
The new number of the plot is 4635A. The State Government has filed a companynteraffidavit.
