Point of law: No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property, and no person who came upon any immovable property by the license of the person in possession thereof, shall be permitted to deny that such person had a title to such possession at the time when such license was given.

JUDGMENT :

Sudhir Agarwal, J.

1. Five petitioners, namely, Smt. Usha Rani Gupta, wife of Sri R.P. Gupta, resident of 21/19, Mayo Road, Allahabad; Sri Mirza Amir Ullah Beg; Sri Mirza Tariq Ullah Beg; Sri Mirza Rashid Ullah Beg, all sons of (Late) Mirza Hamid Ullah Beg and Smt. Amina Razia Rafat Naz Begum, daughter of (Late) Mirza Hamid Ullah Beg, have filed this writ petition under Article 226 of Constitution of India, praying for issue of a writ of certiorari quashing order dated 14.08.2018 issued by District Magistrate, Allahabad informing petitioners that State Government has resumed land in question and, therefore, petitioners should vacate the same, failing which possession shall be taken forcibly at the cost of petitioners. A writ of mandamus has also been prayed, directing District Magistrate, Allahabad to consider and dispose of application dated 29.01.1999, in respect of conversion of lease into free-hold of disputed land, in accordance with Government Orders dated 14.03.2014 and 15.01.2015. By way of an amendment, allowed vide order dated 30.05.2019, a further prayer has been added for issue of a writ of mandamus, commanding respondent-State of U.P. to restore and hand over physical possession of Nazul Site No. GG-1, Civil Station, Allahabad to petitioners.

2. Land in question, in the present writ petition, is a Nazul land bearing No. GG/1, Civil Station, Allahabad, area 7929.8 square metre, (hereinafter referred to as “disputed Nazul land”).

3. Facts in brief, giving rise to present writ petition, are as under.

4. Lease of disputed Nazul land was executed on 12.12.1912 with effect from 01.01.1909 by Secretary of State for India in Council for a period of 50 years. Lease expired on 31.12.1958. It also appears that in the meantime, land was divided and numbered as GG-1 and GG-2. Lessees applied for renewal. In the light of relevant Government orders and Supreme Court's judgement in State of U.P. and Others Vs. Purshottam Das Tandon and Others (1989) SUPP 2 SCC 412, lease was renewed and a deed was executed on 26.09.1991/28.01.1992 between Governor of Uttar Pradesh through Collector, Allahabad and Smt. Kaniz Fatima Beg wife of (Late) Mirza Hamid Ullah Beg; Mirza Amir Ullah Beg; Mirza Tariq Ullah Beg and Mirza Rashid Ullah Beg, all sons of (Late) Mirza Hamid Ullah Beg, and Smt. Amina Razia Rafat Naz Begum daughter of (Late) Mirza Hamid Ullah Beg, all are residents of 24, New Barry Road, Lucknow, for a period of 30 years with effect from 01.01.1959, for which lease rent was paid. Clause-4 of lease deed provided that after expiry of term of 30 years, at the request of lessee, lessor may renew lease for another 30 years but maximum period of renewal shall be 90 years, including initial period of lease. Lease term expired on 31.12.1988. Some of the relevant conditions of lease deed are reproduced as under:-

“The lessees hereby covenant with the lessor as follows:

(4) That they shall not at any time without the written consent of such Collector, Allahabad alter or vary any part of the external elevation or plan of such dwelling house and out buildings from the original elevation or plan thereof.

(5) That, they shall not at any time without the written consent of such Collector, Allahabad erect any building or out buildings on the demised premises.

(7) That, they will not at any time carry on or permit to be carried on upon the said premises any trade or business whatsoever or use the same for any other purpose than as a private dwelling without the consent in writing of such Collector first had and obtained.”

(Emphasis added)

5. Further conditions, agreed by parties, stated in para-3 of lease deed, relevant for our purpose are:-

“(a) That, if the said rent or any part thereof shall be in arrear and unpaid for the space of one calendar month whether the same shall have been lawfully demanded or not if there shall be a breach or non-ob