ORDER:- This is a petition under Articles 226 and 227 of the Constitution of India filed by Durga Dass and another. There is a house property known as "Handle Cross Estate" (Survey No.114) situatd in Kasauli Cantonment. This property was originally known as "Dovedell" estate No.U 21 and it was purchased by the predecessors-in-interest of the petitioners on 18th July, 1919 for a sum of Rs.14,000/- vide a sale deed (Annexure A). The present value of the house is stated to be not less than Rs.75,000/- and the rental value of the same is Rs.4,422/- perannum. Under the Army regulations, any land in the Cantonment under the structures had vested in the cantonment or the Government and the structures remained in the ownership of the person who had constructed the same. The site under the land, therefore, was in a way given in grant to the person who had constructed the structure thereon and the Government had reserved to itself the right to resume the grant at any

time.

2. It is stated that in 1949, the Military Estate Officer, Delhi Circle, Delhi Cantonment, issued a notice dated 30th April 1949, to the petitioners stating that the Government had decided to resume possession of th