ORDER

This appeal by special leave arises from the judgment and decree of the High Court of Judicature at Allahabad dated July 15, 1976 made in Civil First Appeal No. 11/65. The State filed the suit for recovery of possession of property from the respondents pursuant to the orders passed under Section 145 of the Cr.P.C. The civil Court dismissed the suit but on appeal the High Court allowed the same.

2. The admitted facts are that the land originally belonged to Smt. Kokilla. Notification under Secction 4(1) of the Land Acquisition Act, 1894 (for short, the Act ) was published on April 15, 1928 and declaration under Section 6 was published on July 28, 1928 acquiring the land known as Phulwari for public purpose, namely, for construction of the quarters for the constables of Police outpost Misrana. That acquisition has become final. Now, the High Court has recorded a finding of fact that compensation was paid to Smt. Kokila and, therefore, the land stood vested in the State under Section 16 of the Act free from all encumbrances.

3. The contention raised by the appellant is that the proceedings were taken under the U.P. Encumbered Estates Act, 1955 and the property was