Allahabad Court December 1951 Judgments

Smt. Shushil Kuer Vs. Makkhan Lal

Court: Allahabad

Reported in: AIR1953All578

Mushtaq Ahmad, J.1. This is a plaintiff's appeal in a suit for declaration that the order of the Collector, Aligarh, dated 20-12-1947, under Section 54(5), U. P. Tenancy Act, 17 of 1939 was ultra vires and not binding on the plaintiff. There was also a relief for injunction restraining the defendant from acquiring possession of the land in dispute by virtue of that order.2. Sometime in 1940, the plaintiff-appellant applied under Section 54 of the said Act to the Collector for the acquisition of some land held by the defendant-respondent on the ground that he (plff.) required it for his own purposes to build a house thereon. On 1-12-1942, a compromise was filed by the parties in the case initiated by this application in the following terms:1. that the landlord would pay Rs. 340/- as compensation to the tenant, 2. that the tenant, having received this amount, would deliver possession to the landlord, 3. that the tenant would thenceforward have nothing to do with the land, and 4. that th...