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2004 Supreme(SC) 312

R.C.LAHOTI, G.P.MATHUR
Surendra Kumar Vakil – Appellant
Versus
Chief Executive Officer, M. P. – Respondent


ORDER

R.C. Lahoti, J.-The suit property consists of a piece of land measuring 11.37 acres comprising in Survey No. 392 and the structure standing thereon known as Bungalow No. 39 in Sagar Cantonment area. A suit for declaration of title filed by the review-petitioner was directed to be decreed by the Trial Court and the decree was upheld by the High Court in First Appeal. The Chief Executive Officer of Cantonment Board, Sagar preferred an appeal by special leave which was allowed by this Court and the suit filed by the review-petitioner was directed to be dismissed. A perusal of the judgment under review reveals that in forming opinion against the review-petitioner in the matter of title over the land in suit, this Court placed reliance on Order No. 179 of 1836 of the Governor General in Council whereunder the land forming part of the suit property is known as one held under old grant . This Court also noted with approval the view of the law taken in Shri Raj Singh Vs. The Union of India and Ors. - AIR 1973 Delhi 169 as regards the properties in British Cantonment areas. The judgment sought to be reviewed is reported as (1999) 3 SCC 555.

2. In the review petition filed by the review




















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