NARAYAN VITTAPPA KUDVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who claims to be a tenant of premises forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, in short "safema", has filed the present Petition challenging the order dated 15th January, 1998 passed by the respondent No. 2, the Competent Authority constituted under the SAFEMA directing the petitioner to handover the property in his possession to Competent Authority under the SAFEMA i. e. respondent No. 2 within ten days of the receipt of the Order. The order has been passed on the basis that it is illegally acquired property of one Gawde.

(2.) THE property in question is a building consisting of ground plus one floor admeasuring about 580 sq. ft. known as Ganesh Bhuvan situate on a Plot or piece of land admeasuring 64. 1 sq. mtrs. City Survey No. 1103, Plot No. 38-B, Sub-Plot No. 19, T-95, Hira Buwa Gawde Marg, (Juhu Tara Road) Juhu Koliwada. Bombay -- 400049, hereinafter referred to as "the property in question".

(3.) THE petitioner claims to be a tenant of the property in question since April, 1959. His case is that he was inducted into the premises by one Gulabbai Govind Chavan and her husband Govind Raghunath Chavan. According to the petitioner, he was put in exclusive possession of the property in question as a monthly tenant. He claims to be in possession of monthly rent receipts issued by the said Chavan in his favour from about April, 1959. While the petitioner continued as a tenant, it appears that the said Chavan sold the property in question to one Laxman Narayan Gawde. The petitioner attorned his tenancy to Gawde. Petitioner claims to be in possession of the rent receipt dated 28th December, 1970 issued in his favour by Mr. Gawde in the sum of Rs. 50/- being the monthly rent for the premises for the month of December, 1970. According to the petitioner he continued paying rent to Gawde till the year 1977. It is the petitioners case that Gawde did not pass the receipts for all the rent paid by the petitioner.