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1971 Supreme(SC) 221

I.D.DUA, J.M.SHELAT, V.BHARGAVA
Sahodara Devi – Appellant
Versus
Government Of India – Respondent


Advocates:
S.Baggar, S.K.Bagga, S.P.NAIR, V.A.SEYID MUHAMMAD, YOGESHAR PRASAD

Judgment

BHARGAVA, J.: The appellants are admittedly the joint owners of Bungalow No. 45, situated along Tagore Road, in the Cantonment of Kanpur. These premises are recorded in the General Land Register of the Cantonment as occupancy land on old grant terms. It appears that the words "old grant terms" referred to grants made by the Government under the General Order of the Governor-General in Council dated 12th September, 1836 .Subsequently, the first Act to be passed in respect of these lands was the Cantonments Act No. 13 of 1889. This was followed by Cantoments Act No. 15 of 1910 and Cantonments Code. 1912. These were amended by Cantonments Act No. 2 of 1924 which still continues to be in force. On the 26th June 1925, Rules were framed for the first time under section 280 of the Cantonments Act of 1924, regulating administration of Cantonment lands. These Rules were, however, superseded by fresh Rules by Government notification dated 23rd November, 1937. The new Rules are described as "Cantonments Land Administration Rules, 1937". Under these Rules, a provision was made in rule 27 for regularisation of old grants by issue of fresh leases. The appellants did not have any document









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