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SUNEET KUMAR, RAJENDRA KUMAR IV
Sheela Sachdeva – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Suneet Kumar, J,
1. Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri Sanjeev Kumar, learned counsel appearing for the petitioners and Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri Amit Verma, learned Standing Counsel for the State-respondents.
2. The property in issue pertains to Nazul Plot No. 10 Civil Station, Allahabad (Prayagraj), admeasuring 11761.41 sq. meters. The petitioners claim freehold right of the property.
3. The admitted, facts, inter se, parties are that a lease came to be executed by the State-respondents in favour of Smt. Khetar Dasi for a period of 50 years w.e.f. 1 April, 1914. Thereafter, the afore-noted plot came to be recorded in the name of Lala Mattu Mal in the Nazul register. After the death of Lala Mattu Mal, on the basis of a registered family partition dated 04 December, 1935, area admeasuring 4211 sq. meters, fell in the share of Ganesh Prasad Seth, son of, Lala Mattu Mal. The property devolved on the death of Ganesh Prasad Seth upon his widow Smt. Tara Devi. Smt. Tara Devi executed a Will in favour of petitioners on 26 June, 1972.
4. It is not in dispute, inter se, parties that the terms of the lease expir
The main legal point established in the judgment is that the grant of freehold rights must be based on factual correctness and adherence to the legal provisions, especially in the context of land dis....
The court established that rights to freehold land can be claimed based on prior applications and established legal precedents, regardless of subsequent legislative changes.
Allotment of State largesse – Rights of State as lessor can only be sold by a public auction or by any other transparent method – Selling plot to its alleged lessee at a nominal price will not be a f....
Point of law: It is settled law that mutation proceedings are summary in nature and if an order is passed in such proceedings or any writ petition thereafter challenging such orders passed in mutatio....
Tenancy rights and renewal conditions defined under the Transfer of Property Act, emphasizing statutory tenancy post-expiration.
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