LEELA SHASHIKANT PURANDARE Vs. ARVIND VISHNU GOVANDE

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against judgment dated 30.4.2013 of the learned Single Judge of the Bombay High Court whereby he dismissed the second appeal and the civil application filed by the appellant and upheld judgment and decree dated 31.12.2012 passed by District Judge, Pune (for short, 'the lower appellate Court') in Civil Appeal No.325/2012 confirming judgment and decree dated 18.2.2012 passed by Civil Judge (Junior Division), Pimpri (for short, 'the trial Court') in Regular Civil Suit No.614/2000 filed by respondent - Arvind Vishnu Govande, who is now represented by his legal representatives, for declaration and possession of the suit property.

(3.) After obtaining the degree of M.Tech. from Indian Institute of Technology, Kharagpur, the respondent started working as Engineering Consultant. In 1979, he purchased Plot No.W-97, Bhosari Industrial Area, Pimpri (the suit property) on lease basis from Maharashtra Industrial Development Corporation (MIDC) by registered deed dated 24.10.1979. After taking possession of the suit property, the respondent obtained water supply and electric connection in his name. In 1988, the appellant and her relative (brother, viz., Subhash Anant Kogekar) are said to have approached the respondent for permission to use the suit property for lunch and dining purposes of their employees. The respondent agreed to their request. After few months, the appellant started using the shed constructed over the plot for manufacturing activities and also made structural changes/modifications without his knowledge and consent. On coming to know of this, the respondent sent letter dated 6.6.1990 to the appellant by Registered A.D. and called upon her to immediately stop the manufacturing activities and desist from making any structural changes. He also asked the appellant to vacate the shed and the premises. The appellant refused to accept the letter. She also did not respond to letters dated 6.11.1990, 7.11.1990 and 30.11.1990. The respondent then approached the Executive Engineer, MIDC and the concerned officer of Maharashtra State Electricity Board (MSEB) for disconnection of water and electricity supplies. The electricity was disconnected on 15.1.1991 and the meter was removed. Thereupon, the appellant filed Suit (RCS No.101/1991) against MSEB without impleading the respondent as party and sought injunction against disconnection of the supply of electricity. On an application made by the respondent, the trial Court ordered his impleadment as defendant in RCS No.101/1991. That suit was finally dismissed by the trial Court vide order dated 8.2.1993.