JUDGMENT :

Ranjan Gogoi, J.

The challenge laid by the Appellants to notices dated 14th December, 2001 and 5th February, 2002 having proved futile, this appeal has been filed upon grant of special leave Under Article 136 of the Constitution.

2. The first notice dated 14th December, 2001 is one of resumption of land comprising the site of Bungalow No. 1, Elgin Road, bearing General Land Register (GLR) Survey No. 214, New Cantonment, Allahabad measuring 3.20 acres. The said notice has been issued on behalf of the President of India in exercise of powers vested by Order No. 179 of the Governor General-in-Council dated 12th September, 1836. The second notice dated 5th February, 2002 is consequential and required the Appellant to hand over the aforesaid land to the Defence Estates Officer, Allahabad Circle on 11th March, 2002.

3. According to the Appellants, by a sale deed dated 1st September, 1943 executed by and between Kirk Session of the Church of Scotland at Allahabad and Smt. Mohini Devi Kapoor, the predecessor-in-interest of the Appellants, the vendor (Kirk Session) conveyed and sold/transferred to their predecessor (Smt. Mohini Devi Kapoor), a lower roomed tenement or dwelling standi