B.D.AGRAWAL
VISHWANATH – Appellant
Versus
CANTONMENT BOARD, AGRA – Respondent
( 1 ) THIS First Appeal No. 54 of 1964 coming up quarter of a century after the action commenced on Oct. 6, 1959 wherein, as is not unusual, the suitor has not survived, is another grim reminder to crying need for urgent judicial reform in the system. To apportion blame is not the object; this is the resultant of a cumulative set of factors - the various actors having different role to Play.
( 2 ) ONE Jyoti Prasad Upadhyaya was the owner of house No. 18 The Mall, Agra Cantonment, Agra. Land is freehold covered under old grant. There was partition by a Civil Court decree - the division was by metes and bounds. Govind Behari Lal held, by purchase made on 15th Feb. , 1941, 1/4th share (which was separated) and shown as house No. 18/1 in the Cantonment Board record. On his death his son Jai Raj Behari Lal and the widow made transfer of house No. 18/1 by registered sale deed dated 2nd Dec. , 1957, in favour of Vishwanath Goyal and his wife for consideration. The vendees intended to renovate and raise certain new constructions on the land purchased. For this, Vishwanath Goyal applied to the Cantonment Board for sanction by giving notice required under S. 179 of the Canto
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