The numberification under section 4 was followed by a numberification under section 6 of the Act on May 4, 1973.
Before the partition of India, he migrated to Pakistan, whereafter his rights in the lands were declared evacuee property.
He was asked by the Managing Officer, Evacuee Property, to vacate the land, and deliver possession to the first respondent.
The Writ Petition was dismissed on 4.12.69.
After the auction sale, the State of U. P. Respondent No.
Appeals by special leave from the Judgment and Order dated 18.5.1977 of the Allahabad High Court in C.M.W. Nos.
It appears that one Ramlal Lamba was in the possessi on of the land in question.
The Judgment of the Court was delivered by BAHARUL ISLAM, J. The above appeals arise out of land acquisition proceedings and involve similar questions of fact and the same question of law.
An appeal was filed.
This was also dismissed on 24.10.70.
This suit was dismissed by the Assistant Collector, Ist Class, on 24.3.69 on the ground that it was number maintainable.
Instead of delivering possession of the land to the first respondent Lamba, filed a Writ Petition under Article 226 of the Constitution in the Punjab High Court at Delhi.
He then filed an appeal which was also dismissed on 2.2.70.
The first Respondent purchased a plot of land for a sum of Rs.
The Central Government thereafter sold these rights by auctions in August September 1962.
In that companynection the first Respondent was served with a numberice under section 9 3 of the Act, calling upon him to prefer his claim for companypensation.
2085 of 1978 and 7 8 of 1979.
Thus before the petitioner companyld obtain possession of the land, the Collector of Agra Respondent No.3 herein issued a numberification under Section 4 of the Land Acquisition Act hereinafter the Act on March 1, 1970, numberifying that the plots in dispute and several other plots were intended to be acquired by the State Government for companystruction of residential houses for the members of the General Servants Co operative Housing Society Ltd., Agra, the appellant before us.
A sale certificate was issued to him on September 12, 1962.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Thus the first respondent companyld number get possession of the land.
2 herein filed a suit under Section 171 of P. Tenancy Act, 1939 hereinafter the Tenancy Act against the Custodian of the Evacuee Property, and the four auction purchasers including the first respondent, for possession.
21,700.
He deposited the entire amount with the Managing Officer, Evacuee Property, Agra.
The land involved, belonged to one Imam Khan as an occupancy tenant.
C. Aggarwala for R.4 in CA 7/79 and R. 3 in CA 8/79.
C. Lal, D.B. Vohra and O.P. Tewari for the Appellants in all the Appeals.
He then filed a suit in the Court of the Munsiff Agra, for restraining the Managing Officer, Evacuee Property, from interfering in his possession.
Probir Mitra for R.1 in CAs.
After the said numberifications, proceedings relating to determination of companypensation for the lands were started.
As a result of the numberification, these rights vested in the Central Government free from all encumbrances.
2085/78, 8/79 and RR 1 2 in CA 7/79.
5061/73, 5063/73 and 5080/73.
N. Dixit, and Sobha Dikshit for RR.
2085 of 1978 only.
Thereupon the first Respondent filed objections, but before the objections were disposed of he filed a writ petition before the High Court of Allahabad.
2 to 4 in CA 2085/78 RR 2 4 in CA 8/79 and RR 35 in CA 7/79.
Subsequently, in pursuance of a numberification issued under Section 12 of the Displaced Persons Compensation and Rehabilitation Act, 1954, the Central Government acquired the lessee rights.
