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2009 Supreme(SC) 309

S.B.SINHA, CYRIAC JOSEPH
City Montessori School' – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant :Ravi Shankar, Sr. Adv., R.P. Gupta, Sushendra Kumar Chauhan, S.I. Vaish, Ms. Suman Gupta and MS. Kirti Srivastava, Advocates.
For the Respondents:S.B. Upadhyaya, Sr. Adv., Manish Misra, Sanjay R. Hegde, Manoj Kumar Dwivedi, Gunna Venkateswara Rao, Ms. Vibha Dwivedi, Kamlendra Mishra, C. Mukund, Gaurav Kumar Singh, Avneesh Garg, Shashank Sharma, Ms. Vandana Anand, B.K. Jain and Prashant Kumar, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Appellant runs an educational institution situated at 11, Station Road in the town of Lucknow. The premises belong to one Smt. Urmila Bhalla and Smt. Sheela Kapoor. It measured 23,000 sq. ft. of land. The land together with constructions thereupon measuring about 16,000 sq. ft. was given in tenancy in favour of the appellant. The rest of the area, namely, 6,000 sq. ft. was given in tenancy to Late Mr. N.K. Bhargava (predecessor-in-interest of Respondent No.8.

3. Allegedly, appellant became a defaulter in payment of rent. A suit for ejectment was filed by the landladies resulting in a decree for eviction passed against it by the learned Civil Judge, Lucknow by a judgment and decree dated 9.11.1970. A first appeal and a second appeal preferred thereagainst were dismissed by orders 4.5.1971 and 13.7.1976. The school, however, sent a requisition before the State of Uttar Pradesh for acquiring the entire 23,000/- sq. ft. of land on or about 22.7.1976. A notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter for the sake of brevity called and referred to as ‘the said Act’) was issued pursuant thereto on or about 7.9.1

































































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