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1962 Supreme(SC) 353

K. N. WANCHOO, P. B. GAJENDRAGADKAR, J. C. SHAH, B. P. SINHA, K. C. DAS GUPTA
Mahendra Lal Jaini – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.B.AGARWAL, C.P.LAL, G.S.PATHAK, H.S.Hajela, K.P.GUPTA

WANCHOO, J.:

(1) THIS petition under Art. 32 of the Constitution challenges the constitutionality of U. P. Land Tenures (Regulation of Transfers) Act 1952, (U. P. XV of 1952), (hereinafter called the Transfer Act) and the Indian Forest (U. P. Amendment) Act 1956, (U. P. V of 1956), (hereinafter referred to as the Forest Amendment Act.) The case of the petitioner is that he obtained a permanent lease from the Maharaja Bahadur of Nahan of certain land known as `asarori` land, situate in the district of Dehra Dun, in Uttar Pradesh. The area leased out to him was 1069.68 acres in Khewat No. 1, Mahal No. 8, Khasra Nos. 1A, 1B and 2. This land was originally a Crown grant and had been free from revenue since 1866. Initially, it belonged to Major P. Innes but was subsequently transferred to the Maharaja Bahadur of Nahan. On 25/01/1951, an agreement was executed by the Maharaja Bahadur in favour of the petitioner and one Virendra Goyal for lease of this land for a consideration of an annual rent of Rs. 2,200.00 and a premium of Rs. 64,000.00 . The petitioners case further is that the possession of the land in dispute was delivered to him at the time the agreement to l































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