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2000 Supreme(All) 18

R.K.SINGH, B.K.ROY
PURSHOTTAM DAS TANDON – Appellant
Versus
MILITARY ESTATE OFFICER – Respondent


Advocates Appeared:
A.KUMAR SINGH, HARI PRASAD PANDEY, R.K.JAIN, S.N.SRIVASTAVA, SATISH CHATURVEDI, V.K.SINGH

BINOD KUMAR ROY, RAM KISHORE SINGH, J.

( 1 ) THE petitioner prays under Article 226 of the constitution to issue a Writ of Mandamus directing the Respondents to (i) mutate his name as private Owner of bungalow No. 29, Chaitham Lines, Survey No. 143, Old Cantonment Allahabd (hereinafter referred to as the Bungalow) and (ii) accept property taxes from him in regard thereto and (iii) to award him costs. The Backdrop :-2. From the writ petition, counter-affidavits and Rejoinder thereto exchanged between the parties, and the records called for at the request of learned counsel for both sides it is apparent that in regard to thebungalow there were series of litigations, which are necessary to be mentioned first in seriatim.

( 2 ) IN execution of a decree against the judgment-debtors-Scott and Spencer, the bungalow was auction sold on 26th November, 1848 and purchased for Rs. 2,900. 00 by the decree-holder Lala Manohar Lal, (Grand Father of the Petitioner) and that auction sale was confirmed by the Court on 27-12-1848. 2. 2 The Respondents on behalf of the Union of India on the strength of Governor Generals Order No. 179 dated 12th September, 1836 tried to take possession of the bungalow b

























































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