PODAR MILLS LIMITED Vs. SYED ANWAR HUSSAIN KACHRAWALA

JUDGEMENT

(1.) This Civil Revision Application raises a somewhat interesting question as to the scope and ambit of Order 21, Rules 97, 98 and 99 of the Civil Procedure Code and the nature of the summary investigation that is provided therein.

(2.) The Petitioners, Podar Mills Ltd., are a public limited company, having their registered office at Bombay. In February 1955 the petitioners purchased a large estate comprising several survey numbers of the Revenue Village of Ghatkopar, situate at Agra Road, Ghatkopar in Greater Bombay. Survey No. 151 is a part of the said estate owned by the petitioners. When the petitioners purchased the properties at Ghatkopar, including Survey No. 151, one Smt. Manorama Begum alias Munnavara Begum Emdadali (also sometimes referred to as "Bai Maulani") was a license of an open piece of land in the said Survey No. 151. According to the petitioners, the said portion of land of which Munnavara Begum was a licensee, admeasured 33 x 22. But thereafter when the suit was field and the matter was heard, the parties agreed that the correct measurement of the said open piece of land occupied by her would be 60 x 40.

(3.) It is the petitioners case that Munnavara Begum continued as a licensee under the petitioners and that the constructed a shed on the said land. In 1962, the petitioners revoked the licence given to Munnavara Begum and filed an ejectment application against her in the Court of Small Causes, Bombay (Being Ejectment Application No. 236/E of 1962 to eject her from the said open piece of land (hereinafter referred to as "the said plot of land" or "the suit premises"). The ejectment application was resisted by Munnavara Begum, who pleaded adverse possession for about 40 years and denied the petitioners right to recover possession of the said plot of land.