VASANTLAL THAKORLAL BHAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this writ petition, the petitioners pray that it be declared that the continued requisition of petitioners premises viz. , Block No. 10, Room No. 3, 2nd floor, Vasant Niwas No. 2, Morvi Lane, Chowpatty Sea Face, Bombay is illegal and ultra vires the provisions of the Bombay Rent (sic Land) Acquisition Act, 1948 and for direction to respondents to rescind the order of requisition in relation to the premises in question and delivery of possession of the said premises to the petitioners.

(2.) BRIEFLY stated the petitioners case in the writ petition is that the premises aforereferred were requisitioned by respondents 1 and 2 in the year 1950 under the Bombay Land Requisition Act, 1948. The petitioners called upon respondents 1 and 2 to hand over quiet, peaceful and vacant possession of the requisitioned premises because the requisition of the premises in question could not continue beyond reasonable period. The petitioners amended the writ petition vide draft amendment dated 12-7-1996 whereby the legal heirs and representatives of late R. S. Gurav were impleaded as respondent No. 3 and it was stated in the writ petition that the said legal heirs and representatives of late Shri R. S. Gurav are presently in occupation of the requisitioned premises. Despite the notice dated 13-12-1994 when the respondents 1 and 2 did not derequisition the said premises and failed to deliver the possession of the said premises to the petitioners, the present writ petition has been filed. The respondents 1 and 2 have not chosen to file any reply affidavit. The respondent No. 3 viz. , the legal heirs of late Shri R. S. Gurav has filed an affidavit in reply wherein it is admitted that the premises in question are requisitioned premises. However, a case has been set up that in or about 1952 the then landlord late Shri Thakurlal M. Bhagat created tenancy in favour of late Shri R. S. Gurav and accordingly rent receipts were also issued in the name of late Shri R. S. Gaurav. It is also stated that due to death of late Shri Thakarlal M. Bhagat in early 1960 and dispute inter se between his legal heirs, the formalities of tenancy could not be completed and thereafter the rent has been deposited with respondent.

(3.) AN affidavit in rejoinder has been filed by one of the petitioners denying the respondent No. 3s claim that they are lawful tenants of late Shri Thakarlal M. Bhagat in the premises or that any tenancy was created in favour of late Shri R. S. Gurav.