BABUBHAI GADARMAL Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.) In this case, the Counsel for the petitioners has submitted written arguments. The Counsel for the respondent No. 1 has also submitted written arguments to which the Counsel for the petitioners submitted arguments in rejoinder and further arguments in rejoinder. However, the Counsel for the petitioners is not present to make the oral submissions.

(2.) The facts of the case, in brief, are that the owners of the property in dispute were Ranchhodlal Vithaldas and others. The property in dispute has been granted on lease to the petitioners by two separate registered deeds. The first deed is dated 16th December, 1950 in respect of the land admeasuring 1,386 sq. yds. of land of Final Plot No. 67/1 in favour of the petitioner No. 3 for a period of 14 years at an annual rent of Rs. 1,150.00. On the same date, another lease deed was executed of the land admeasuring 2,099 sq. yds. of the Final Plot No. 67/2 for a period of 14 years in the name of the father of petitioner Nos. 1 and 2 at an annual rent of Rs. 1,901/-. Ranchhodlal Vithaldas and others, the original owners of the land in dispute sold the same to Jethabhai Amratlal Trust on 7th May, 1962. On 7-5-1962, vide gift deed dated 7-5-1962 the purchasers of the land Jethalal Amratlal Trust gifted the property in dispute to Ahmedabad Municipal Corporation. On 4-3-1978, the Ahmedabad Municipal Corporation terminated the tenancy of the petitioners under the notice given to them. The said notice was issued by the Ahmedabad Municipal Corporation with a specific stipulation without prejudice to the rights of A.M.C. to proceed against the petitioners under the Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as 'the Act, 1972'). The petitioner replied the said notice vide their reply dated 28th March, 1978. In the reply they denied title of the Corporation. It has further been stated that the Corporation never demanded the rent from the petitioners nor the petitioners were informed that the Corporation has become the owner of the land by virtue gift deed dated 7-5- 1962. Further it has been stated that since the expiry of the lease period, the petitioners are in adverse possession of the land and had become owners of the land in question. The Corporation has initiated the proceedings for the eviction of the petitioners from the land in dispute under the Act, 1972. On 21st August, 1980, the Competent Officer gave notice to the petitioners in the recovery proceedings being C.O.P. No. 1 of 1980. After notice to the petitioners, the Competent Officer passed an order on 5-1-1983 of eviction of the petitioners from the land in question. The petitioners preferred an appeal against this order of the Competent Officer in the Court of Principal Judge, City Civil Court, Ahmedabad being Appeal No. 17 of 1983. However, this appeal came to be dismissed by the appellate Court on 30th March, 1983. Hence, this Special Civil Application.

(3.) The Corporation has not filed any reply to the Special Civil Application.