B ARVIND KUMAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This is an appeal by special leave against the judgment and decree dated 10.7.2001 in RFA No.181/1996 passed by the High Court of Karnataka reversing the judgment and decree dated 8.12.1995 passed by the III Addl. City Civil Judge, Mayo Hall, Bangalore in his suit OS.No.10653/1987. For convenience, the appellant will also be referred to as plaintiff and respondents as defendants.

(2.) Appellant filed the said suit alleging that suit land measuring 2550 sq. yds. had been leased in perpetuity by the military authorities (General Officer Commanding, Madras District, Bangalore) to M/s. S. Giridharilal and Son, a proprietary concern under a registered lease deed dated 30.9.1921; that the lessee put up several structures thereon and was in possession and enjoyment thereof as absolute owners; that G. Anraj Sankla, proprietor of Giridharilal and Son was declared as insolvent in Insolvency Case No.7 and 12 of 1940 on the file of the District Judge, Civil and Military Station, Bangalore and the Official Receiver took charge of the insolvents properties including the said land with buildings (for short suit property; that the Official Receiver put up the suit property for sale by auction; that M. Bhowrilal, father of plaintiff was the highest bidder and the sale of the right, title and interest of Anraj Sankla that is, his leasehold rights, in regard to the suit property in favour of M. Bhowrilal was confirmed on 25.8.1941 and Sale Certificate was issued to him on 29.8.1941 which was duly registered. After the death of his father on 21.7.1969, he came into possession and enjoyment of the suit property. According to the appellant though the lease was one in perpetuity, it was an absolute grant and since no premium or rent was fixed, the enjoyment was to be perpetual and absolute. When matters stood thus, the Commanding Officer of Station Headquarters, Bangalore (Fourth Defendant, under instructions from the first defendant, illegally and unauthorizedly dispossessed him from the suit property in September, 1975, during the emergency period. Thereafter, he was corresponding with the Defence Ministry for relief, and they went on promising to look into the matter. Ultimately, as they failed to give any relief, he issued a notice through counsel under Section 80 of the Code of Civil Procedure on 8.5.1984, followed by another notice dated 13.4.1987, claiming possession of the suit property. As the said demand was not complied with, he filed the suit (OS No.10653/1987) on 21.8.1987 for the following reliefs:

(3.) The suit was resisted by the Defendants-Respondents. They contended that S. Giridharilal and Son was only a lessee and therefore, plaintiff even if he was the successor-in-interest could under no circumstances, claim absolute ownership. It was also alleged that they had taken action for resumption of the leased land for contravention of the terms of lease (construction of unauthorized structures and failure to notify the lessor about transfer of the leasehold rights) and the suit land was surrendered without protest. The allegation of forcible dispossession in September, 1975 was denied. It was also contended that the only relief sought by the plaintiff in his several representations and letters, in respect of the resumption of the leased land, was compensation for the structures; that the claim was not entertained as the structures were unauthorized; and that if there was any dispute or outstanding claim in that behalf, he should have sought reference to arbitration in terms of the lease-deed, and the suit was misconceived and not maintainable.