BENGAL AMBUJA HOUSING DEVELOPMENT LTD Vs. PRAMILA SANFUI

JUDGEMENT

(1.) Leave granted in all the special leave petitions. The present appeals, filed separately, arise from the impugned judgment and order dated 21-11-2014 passed in Bengal Ambuja Housing Development Ltd. v. Pramila Sanfui, 2014 SCC OnLine Cal 19091 and the judgment and final order dated 19-12-2012 passed in Bengal Ambuja Housing Development Ltd. v. Pramila Sanfui, 2013 1 ICC 369 by the High Court of Judicature at Calcutta, whereby the High Court refused to interfere with the impugned judgments therein. The appeals arising out of SLPs (C) Nos. 5902-03 of 2015 have been preferred by Bengal Ambuja Housing Development Ltd., whereas the appeals arising out of SLPs (C) Nos. 5906-07 of 2015 have been preferred by the West Bengal Housing Board. Both sets of appeals are being disposed of by this common judgment.

(2.) As the facts in both the appeals are common, for the sake of convenience, we refer to the facts of the appeals arising out of SLPs (C) Nos. 5906-07 of 2015, which are stated in brief hereunder.

(3.) The appellant, the West Bengal Housing Board (hereinafter "the Housing Board") is a statutory body constituted under the West Bengal Housing Board Act, 1972 with the objective of providing affordable housing in the State of West Bengal. The appellant is the current owner of the suit property in question in the present appeals. The predecessor-in-interest of the appellant, late Gangadas Pal was the owner of the suit land measuring 20.184 acres of land. A suit for partition being Title Suit No. 43 of 1956 was instituted in the land adjacent to the said land among the co-owners, namely, Sanfui, Naskar, Mondal and Sardar family in the year 1956 before the learned Civil Judge (Senior Division), Alipore, the said suit was renumbered subsequently as Title Suit No. 121 of 1962. Gangadas Pal was not a party to the said suit at its inception. He was impleaded as Defendant 54 vide order of the learned trial court dated 14-8-1957. Gangadas Pal died in June 1958. One Mr Ranjit Kumar Ganguly was appointed as the Receiver over the said suit properties and he took possession of the entire suit properties on 30-11-1958.