ATUL PROJECTS INDIA LTD Vs. BABU DEWOO FARLE

JUDGEMENT

(1.) The Notice of Motion has been taken up on the request of the learned Counsel for the contesting parties for hearing and final disposal since the pleadings are complete. The learned Counsel appearing on behalf of the Plaintiff undertakes to get the draft Motion registered by removing the office objections, if any.

(2.) The Motion for interim relief arises in a suit for specific performance seeking:

(3.) Defendants 1 to 18 claim ownership of certain lands in pursuance of Certificates which were issued under Section 32G read with Section 32M of The Bombay Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act"). They are tribals. The Maharashtra Housing and Area Development Authority claimed title under a Deed of Conveyance of 27 October 1958 and had filed three Writ Petitions under Article 226 of the Constitution interalia challenging the validity of the Certificates which were issued under the Tenancy Act. Defendants 1 to 8, 9 to 13 and 14 to 18 claimed ownership in respect of three plots of land. The Petitions were disposed of by a learned Single Judge on 14 December 2004 upon consent terms filed in Court. The consent terms recognized that lands admeasuring 30,620 sq. meters bearing Survey No. 56 Hissa Nos. 2 and 3, Survey No. 53 and Survey No. 55 Hissa No. 1 corresponding to C.T.S. Nos. 273, 274 and 183 of Village Magathane, Taluka Borivali, belonged to MHADA as owner under a Registered Deed of Conveyance dated 27 October 1958. The consent terms recognized that the tribals were in occupation of an area admeasuring about 40% of the land more particularly described in the consent terms. The Certificates issued under Section 32G were quashed and set aside. MHADA, in consideration of the tribals agreeing to give up their claims against it agreed to transfer three plots of land to Defendants 1 to 18 or to their nominees.