( 1 ) THIS is a special appeal against an order of Mehrotra J. , allowing a writ petition and quashing a notice issued by the Brigade Commander, Meerut Sub Area, dated 29-9-1952, requiring the respondent Ganga Prasad Dubey to vacate a certain piece of land after demolition of the construction thereon, under Section 3 of the Government Premises (Eviction) Act, 1950.

( 2 ) THE facts, briefly stated, are as follows. In the year 1923 one Kesho Prasad who was in authorised possession of 798 Sq. feet of land within the limits of the Cantonment Board, Meerut sold the land with the constructions thereon to one Babu Lal. In 1929 Babu Lal applied to the cantonment Board for being permitted to make constructions over a portion of the land. The Cantonment Board sanctioned the constructions. In making the constructions Babu Lal is alleged to have encroached upon certain land belonging to the Government. Thereupon on 28-4-1936 a suit was filed on behalf of the Secretary of State by the Military Estates Officer for possession over the land so alleged to have been encroached upon. During the pendency of these proceedings Babu Lal sold the land in his possession and the constructions t