Judgment

Mrs. Sujata V. Manohar, J.-These appeals pertain to a property ad­measuring 11.37 acres comprising Survey No. 392 and known as Bungalow No. 39, Sagar Cantonment. As per the General Land Register maintained under the Cantonment Land Administration Rules of 1925, the said property is shown as held on ‘old grant’ terms and stands in the name of Shri S.N. Mukherjee. The site is described as B-3 land and is placed under the management of Defence Estate Office, Jabalpur Circle, Jabalpur.

2. According to the respondents, by a sale deed dated 27th of Septem­ber, 1927, S.N. Mukherjee and his wife, Sarjubala Devi, purchased the said property together with the adjoining Bungalow No. 40 from one Pandit Murlidhar Dubey. The terms of the sale deed, however, do not discloses the nature of the rights possessed by Dubey over the land comprising Bungalow Nos. 39 and 40.

3. S.N. Mukherjee who was the occupancy holder as recorded in the General Land Register died in the year 1972 leaving behind 11 legal heirs. Bungalow No. 39 which is the subject matter of the present appeals, however, was not mutated in the names of the legal heirs since they did not apply for mutation. By four registered sale