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2013 Supreme(All) 2321

SUNITA AGARWAL
CHANAKYAPURI CO-OPERATIVE HOUSING SOCIETY – Appellant
Versus
KANPUR DEVELOPMENT AUTHORITY – Respondent


Advocates:
Counsel :
Shashi Nandan, Vipin Sinha, Jai Narain Paras, Santosh Kumar Srivastava and Smt. Alka Srivastava for the Petitioner; C.S.C., M.C. Tripathi and Pradeep Kumar Tripathi for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Santosh Kumar Srivastava, learned counsel for the petitioner, Shri Pradeep Kumar Tripathi, learned Advocate holding brief of Shri M.C. Tripathi, learned counsel for the respondent No. 1 and the learned Standing Counsel for the respondent No. 2.

2. Present writ petition has been filed challenging the order dated 28.1.1995 passed by the Sub-Divisional Magistrate Kanpur, order dated 24.8.95 passed by the Commissioner Kanpur Division, Kanpur and order dated 4.11.2003 passed by the Board of Revenue, Lucknow.

3. The brief facts of the case are that land in dispute,namely, Khasra Nos. 824, 825, 826, 827, 828, 829 and 832 measuring area 47 Bigha ten Bishwa situated in village Daneli Sujanpur, Village Mohal Chandrikprasad, Teshil and Pargana Kanpur was originally a ‘Sirdari’ land of one Smt. Shakuntala Devi. Smt. Shakuntala Devi acquired Bhumidhari rights by depositing ten times of the land revenue on 28.11.1952. Smt. Shakuntala Devi executed a sale-deed dated 31.3.1953 in respect of land in question in favour of one Shri Shamsher Singh Sarraf,which was registered on 1st April 1953. Sh









































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