JOY AUTO WORKS Vs. SUMER BUILDERS P LTD

JUDGEMENT

(1.) Leave granted.

(2.) One Khatau Bhanji (hereinafter referred to as Bhanji) was said to be the owner of Original Plot No.227 measuring 4874.95 sq. yards within the city of Mumbai. The Arbitrator appointed under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the 1966 Act) passed an Award on 24.2.1962 in respect of the said plot and Original Plot No.231 owned by one Javle. In terms of the Award, Javle lost all his rights to Original Plot No.231 while Original Plot No. 227 was divided into plot No. 878 (1000 sq. yards, plot No.879 (3647 sq. yds.) and plot No. 877. By virtue of the said Award, Bhanji was given Final Plot No. 879 measuring 3647 square yards in lieu of Original Plot No.227, while Javle was given plot No.878 measuring 1000 square yards in lieu of Original Plot No.231, and Plot No.877 was earmarked for the construction of a 40 feet Development Plan Road (hereinafter referred to as DP Road).

(3.) The appellants herein claimed that they had been granted lease of 1305 sq. yards. out of plot No.879 on 20.10.1962 by Bhanji, which was contiguous to plot No.878, which was also under the occupation of the appellants. The appellant No. 1 claims to have been running an automobile garage and carrying on other connected activities on the said properties since 1979 and in connection with the business it had two motorable accesses to plot No.878 through the portion of plot No.879 demised in favour of the appellant by Bhanji, for egress and ingress to and from the public road. According to the appellants there was no other motorable access either to plot No.878 or the portion of the plot No.879 under the occupation of the appellants.