JUDGMENT :

Surya Kant, J.

1. The core question that arises for our consideration in the present set of connected matters pertains to the ownership of land measuring 183 bigha 8 biswa which is equivalent to 28.56 acres of land, bearing Khasra Nos. 2, 3/1, 3/2, 4 to 28/1, 28/2, to 49 and situated in Village Haripur, Tehsil Haldwani, District Nainital (hereinafter, ‘Suit Land’).

2. Since these appeals arise out of a complex factual scenario and different sets of legal proceedings which proceeded in parallel, it would be appropriate to discuss the same at length before delving into the issue of law, which require adjudication before us.

A. FACTS

A.1 THE COMMON FACTS: 1924 SALE DEED, 1967 EVICTION SUIT AND 1978 MUTATION PROCEEDINGS

3. The genesis of these disputes began on 20.06.1924, when one Mr. John Vaughn, son of Mr. Charles Vaughn obtained a lease of the Suit Land (hereinafter, ‘1924 Lease Deed’) from the erstwhile colonial rulers through the Secretary of State for India in Council for thirty years on payment of rent as agreed between the parties. The lease was also extendable for another thirty years and was subject to certain conditions, which are reproduced as follows: -

“X-X-X-X

(a) The lessee to pay the first period of thirty years the yearly rental of No.183-6-4 clear of all deductions on the first-day of March in each year at the Haldwani Tehsil or at such other place as the Deputy Commissioner of Nainital shall form time to time appoint in this behalf and also from time to time and at all times during the continuance of the said lease pay and discharge all rates, taxes, charges and assessment of every description which are now or may at any time hereafter during the said lease be assessed, charged or imposed upon the land hereby demised.

(b) Lessee agree that the said plot of land will be used for residential purposes, for poultry farming for orchards and for vegetable cultivation only.

(c) The lessee agrees that he will submit the plan of any building which he wish to erect or of any existing building which he has to modify to the Deputy Commissioner of Nainital for approval before starting building operations, that he will complete the sanctioned building within two years of the receipt of approval and that he will keep every building erected by him and also the Government buildings standing on the said plot of land and shown on the plan annexed in good and substantial repair and condition both externally and internally.

(d) The lessee agrees that he shall not claim the benefits which agricultural tenant and lessees are given in the Tarai and Bhaber estates.

(e) The lessee agrees that he will not transfer or sublet said plot of land without the written approval of the Deputy Commissioner of Nainital.

(f) The lessee agrees that he shall be