ARVINDER KAUR KOHLI Vs. SISTER ITA FERNANDES

JUDGEMENT

(1.) THIS notice of motion is taken out by the defendants for an order of the Court to the effect that the Consent Order dated 7th April, 1992, Copy whereof is Exhibit 1 to the Affidavit in support of the motion herein be vacated and the defendants be granted permission to construct the extension building of their existing school i. e. Canossa High School etc. upon the suit plot bearing Survey No. 47, Hissa No. 5 or C. T. S. No. 22 in village Mulgaon, Taluka Andheri of Bombay Suburban District admeasuring 1006. 5 sq. metres. The material facts having bearing on this subject matter of this notice of motion are briefly summarised hereinafter.

(2.) ONE Mr. Joseph Anthony Nunes was the owner of the above referred plot of land, more particularly described in Exhibit "a" to the plaint i. e. plot bearing City Survey No. 22 admeasuring about 1103 sq. yards or thereabouts. It is the plaintiffs case as set out in the plaint that by an agreement of sale dated 30th July, 1981, the said Mr. Joseph Nunes had agreed to sell the said plot of land in favour of the plaintiff. It is also the plaintiffs case that on 3rd August, 1981 the said Shri Joseph Nunes had handed over a "letter of possession" to the plaintiff in the suit. The plaintiff filed a suit for specific performance against the said Shri Joseph Nunes in respect of the said property being Suit No. 2348 of 1989.

(3.) THE defendants are trustees of Canossian Society, a public charitable trust duly registered under the Bombay Public Trusts Act, 1950. The defendants claim to be in possession of the suit land for several years. It is the defendants case that the defendants were in possession of the suit land for more than 25 years in the year 1989.