ROMELL HOUSING LLP Vs. SAMEER SALIM SHAIKH

JUDGEMENT

(1.) The revision applicants assail the order dtd. 4/8/2022 passed by the learned Additional Sessions Judge in Criminal Revision Application No. 340 of 2019. By the said order, the learned Judge set aside the order passed by the learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai, in exercise of powers under Sec. 145 of the Code of Criminal Procedure. The Magistrate had held that the applicants were in possession of the disputed property and were entitled to obtain possession from the Court Receiver.

(2.) The facts as narrated by the applicants are that the land in dispute comprises several survey numbers bearing CTS Nos. 3071/B, 3072/A, 3072/B/1, 3072/B/2, 3072/B/3, 3072/B, 3074, 3075, 3077, 3094/B, 3095, 3104, 3105, 3106, 3107/A, 3107/B, 3108, 3109/A/B/C, 3111A/B, 3112/A/B, 3112/C, 3113/A to F, and 3115 to 3118, aggregating to 68,339.30 square meters (6 hectares 83 ares), i.e., 17 acres 3 gunthas, situated at Village Dahisar, Taluka Borivali, Mumbai Suburban District (hereinafter referred to as "the said land"). A portion admeasuring 1371.34 square meters including the structure of Viking Garage admeasuring 457 square meters was in possession of Viking Motors Private Limited and M/s. Schumi India through one Manpreet Bajaj. The remaining portion admeasuring 67,886.87 square meters (16 acres 38 gunthas) was in possession of late K.N. Shaikh.

(3.) On 6/6/2016, Manpreet Bajaj executed a Deed of Surrender along with a possession letter in favour of M/s. Valentine Properties, the owner of the land. In July 2016, late K.N. Shaikh also agreed to surrender possession of the land for a consideration of Rs.40.00 lakhs. The owners of the land, namely, Pooja Land and Premises Pvt. Ltd. and Valentine Properties Pvt. Ltd., thereafter approved drafts of Sale Deeds. These approved drafts were submitted before the competent authority for adjudication of stamp duty under File Nos. (a) ADJ/1100902/2003/2016, (b) ADJ/1100902/2617/2016, and (c) ADJ/1100902/2616/2016.