PATEL CONSTRUCTION COMPANY Vs. HIMANSHU DWARKADAS RUPARELIA

JUDGEMENT

(1.) The First Appeal preferred by the original Defendant No.2 impugns the judgment dated 25 th September, 2013 passed by the City Civil Court in L.C.Suit No.1907 of 2008 partly decreeing the suit declaring the sanctions and permissions granted by the Defendant no.1-SRA for development of the suit plot as illegal, bad in law and restraining the Defendant Nos.2-the owner/developer and Defendant No.3-the slum dwellers society from carrying out any development activities pursuant to the slum rehabilitation scheme including the Letter of Intent (LOI) dtd. 20/7/2006 on the said plot. For sake of convenience, the parties are referred to by their status before the Trial Court.

(2.) The case of the Plaintiff was that the Plaintiff's grand-father and thereafter his father-Dwarkadas Jadhavji Nathubhai Ruparelia was the lessee of F.E. Dinshaw Charities in respect of land admeasuring 33,982 square yards bearing Survey No.112 (Part), corresponding to CTS No.2, 2/1 to 4, 3, 4, 4/1 to 5, 5, 5/1 to 8, 6, 6/1 to 63 6/3, 6/82 to 128, 6/143 to 202, 6/211 to 288, 6/296 to 324 and 495, 7, 7/1 to 24 initially under registered lease-deed dated 6 th May, 1948 having term of four years and after expiry of the term, the Trustees continued to accept rent till the year 1985. There was fixation of standard rent vide judgment and order dated 24 th April, 1958 in Civil Appeal No.238 of 1954 in respect of the suit property and other properties.

(3.) The Plaintiff's father Dwarkadas expired in the year 1988, survived by his wife Pushpa as legatee under registered Will dtd. 13/11/1979 and in 2007, Pushpa expired leaving behind Plaintiff as legatee under her registered Will dated 20 th November, 1989 and in any event as one of the legal heirs of the deceased Pushpa.