SHYAMLAL BIHARILAL PANDEY Vs. RELIANCE INFRASTRUCTURE LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30th June 1993 passed by the City Civil Court, Greater Bombay dismissing the Long Causes Suit No.5134 of 1976 filed by the father of the appellant.

(2.) Biharilal Pandey was the original plaintiff. He died during the pendency of the proceedings and is being represented by his son - the appellant herein.

(3.) A plot of land bearing final plot no.102, survey no.109 hissa no.4 (city survey no.33 part) admeasuring 874 sq. yards or thereabout (for short "the suit property") was purchased by Burjor Navrozji Wadiwala from Avelin Gustin D Souza under a sale deed dated 30th April 1946 registered in the office of Sub-Registrar, Bandra at sr.no.489 of the year 1946. (Exhibit-B). By a writing dated 1st February 1951, Ramsurat Pandey (father of Biharilal Pandey - the original plaintiff) took on lease/rent the suit property in the name of his wife Kabishwaridevi agreeing to pay monthly rent of Rs.20/- for a period of one year. After the expiry of one year he continued in occupation of the suit property on payment of rent of Rs.20/- per month. After the death of Ramsurat, his son Biharilal and after him, his son i.e. the appellant continued in possession of the suit property. A town planning scheme known as "Santacruz Town Planning Scheme No.V" was framed under the Bombay Town Planning Act, 1954 for the area in which suit property is situated sometime in the year 1958-59 or thereabout. In the judgment of the trial court, there is a reference to the Town Planning Scheme framed under the Maharashtra Regional Town Planning Act, 1966. The parties, however, are ad idem that the reference to Maharashtra Regional Town Planning Act, 1966 is erroneous and the scheme was framed under the Bombay Town Planning Act, 1954 and became effective from 1st August 1959. Under the said town planning scheme, two plots of land bearing final plot nos.102 (i.e. suit property) and final plot no.103 together admeasuring 1483 sq. yards were allotted to the respondent no.1 - Bombay Suburban Electric Supply Co. Ltd., whose name has since been changed to Reliance Infrastructure Ltd. The respondent no.1 thus became entitled to final plot nos.102 and 103 which were allotted to it under the town planning scheme. In the year 1969, the possession of plot no.103 was taken over by the respondent no.1. There is some dispute as to the manner in which the respondent no.1 took possession of final plot no.103. According to the respondent no.1, the possession was given to it, while according to the appellant the possession was forcibly taken by the respondent no.1 from Ramsurat and the father of the appellant. We are, however, not concerned with the same inasmuch as that plot of land was not the subject matter of the suit and, in any event, the respondent no.1 is in continuous possession of final plot no.103 since the year 1969. The possession of final plot no.102 (the suit property) however was not handed over to the respondent no.1. This was probably because Ramsurat Pandey, who came in possession of the suit property in the year 1951, had built about 40 unauthorised huts/structures in the suit property and had let out the structures to different persons. The suit property was thus littered unauthorised structures in occupation of tenants of Ramsurat. Being unable to get possession of the suit property, the respondent no.1 filed a writ petition, numbered as Misc. Petition No.1072 of 1973, in this Court against the respondent no.2 Municipal Corporation. Ramsurat Pandey was joined as a party respondent to the said petition. The petition was allowed and this court issued a mandamus to the respondent no.2 Municipal Corporation to take the necessary steps for handing over the possession of the suit property to the respondent no.1 after demolishing the unauthorised structures standing thereon and eviction of the occupiers. Appeal No.229 of 1979 filed by Biharilal Pandey (son of Ramsurat Pandey) against the decision of this Court in Misc. Petition No.1072 of 1973 was summarily dismissed. Special Leave Petition (Civil) No.4094 of 1980 filed by him was also dismissed by the Hon ble Supreme Court by the following order:-