QUTUBDDIN SHAIKH Vs. NANDANVAN CO-OPERATIVE HOUSING

JUDGEMENT

(1.) The plaintiffs claim as lessee of a plot of land along with a bungalow thereon. Defendant no. 1 is a Co-operative Housing society whose property is presently under redevelopment carried out by defendant no. 2. According to the plaintiffs, defendant no. 1 is utilizing FSI of the plaintiffs' plot of land. The plaintiffs' plot of land along with the plot in the occupation of defendant no. 1 is described as "the Larger Plot" which was hitherto owned by defendant no. 3. Defendant no. 4 is the District Deputy Registrar of Co-operative Societies (DDR) who has issued order of deemed conveyance. Defendant no. 5 is the Municipal Corporation of Greater Mumbai (MCGM). Defendant no. 6 is the Slum Rehabilitation Authority.

(2.) In the suit the plaintiffs seek a declaration that plaintiffs are the lease holders of land ad-measuring G09.GG sq.mtrs pursuant to Indenture of Lease dated 29th February, 1980 read with Deed of Assignment dated 2nd December, 1981. In the alternative they seek declaration that they are entitled to exclusive use and occupation of said area of G09.GG sq.mtrs. Elsewhere the area is shown as 622 sq.mtrs ("Suit Land"). Out of G09.GG sq.mtrs, 522.56 sq.mtrs form the entitlement of the plaintiffs under the aforesaid lease of deed but to the extent of 87.10 sq.mtrs (approximately) the plaintiffs' claim ownership by virtue of prescription/ adverse possession.

(3.) Consequential relief of sub-division of land is sought by carving out G09.GG sq.mtrs or 522.56 sq.mtrs. The plea seeks a direction to defendant nos. 1 to 3 to transfer and convey residuary rights of the lease hold land ad-measuring G09.GG sq.mtrs. The plaintiffs also seek cancellation of an order of deemed conveyance dated 26th June, 2014 passed by defendant no. 4. Further declarations are sought to the effect that construction on the land to the extent it relates to 522.56/622 sq.mtrs is non-est and void ab initio. Injunctions are sought pending disposal of the suit in terms of the interim application. In the alternative, plaintiffs seek damages from defendant nos. 1 and 2 to the extent of Rs.250,00,00,000/-.