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1950 Supreme(All) 275

AGARWALA, P.L.BHARGAVA
RAGHUNATH – Appellant
Versus
MUNICIPAL BOARD – Respondent


Advocates Appeared:
A.P.Bagchi, GOPALJI MEHROTRA, J.Swarup, P.C.Chaturvedi, P.L.BANERJI, S.B.L.GAUR

AGARWALA, J.

( 1 ) THESE are three connected appeals and all arise out of Suit No. 31 of 1942 brought by Jharey ram, father of appellants, against six defendants Municipal Board Mathura, defendant 1, government of the United Provinces, defendant 2, Brindaban, defendant 3, Hira Lal, son of brindaban, defendant 4, Mangi Lal, defendant 5 and Dr. (Capt.) Suri, defendant 6. The facts briefly stated are these :

( 2 ) IN the year 1915, the Municipal Board of Mathura resolved that it would lay out a part to be called the Dampier Park for the use of the public. The Municipal Board requested the government to acquire land for them for this purpose. Certain land was, therefore, acquired by the Government under the Land Acquisition Act. The land in dispute belonging to Jharey Ram, plaintiff, formed part of the land acquired. The Municipal Board thereafter levelled the land and planted some trees but later on gave up the idea of laying out the park or using the land for that purpose. As the Municipal Board no longer required the land, it sold it to defendants 3 to 6 under four sale-deeds. One sale deed dated 30-9-1936, was executed in favour of Mangi Lal, defendant 5, another was executed on the





















































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