JUDGMENT :

Vikram Nath, J.

Appellant has assailed the correctness of Judgment and Order dated 21.07.2006 passed by the Single Judge, Allahabad High Court in Second Appeal No. 813 of 1975 between Farooqi Begum vs. State of Uttar Pradesh, whereby the Second Appeal was dismissed giving rise to the present appeal.

FACTS

2. The State of U.P. through Collector, Rampur, instituted a suit for declaration, possession and damages before the Court of District Judge, Rampur, registered as Original Suit No.1 of 1964, State of U.P. vs. Smt. Farooqi Begum with respect to land in suit measuring 20 bighas 10 biswa (pukhta) situated in Village Thotar, Tehsil Sadar, District Rampur, that it was a government grove (known as ‘Bagh Hazoor Pasand’) and presently belonging to the U.P. State Garden Department, Rampur.

3. According to the plaint averments, the said grove was rent free grant of the defendant long before the merger of Rampur State and like other Muafis; it was granted by His Highness Nawab Hamid Ali Khan to his different wives and was liable to resumption at the pleasure of the ruler of erstwhile Rampur State; after the death of Nawab Hamid Ali Khan in 1930, his successor Nawab Raza Ali Khan resum