DOSIBAI NANABHOY JEEJEEBHOY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30th September, 1991, passed by the learned Joint Civil Judge, Senior Division at Pune, in Special Civil Suit No. 287 of 1983. By the impugned judgment and decree, the suit filed by the original plaintiff has been dismissed by the learned trial Judge.

(2.) The plaintiff is the original owner of land situate at 11, Staveley Road, Pune Cantonment, along with the main bungalow and various out-houses, servants'quarters etc., hereinafter referred to as "the suit property". The aforesaid suit was filed for a declaration that the suit property vests exclusively with the plaintiff and the defendant has no right, title or interest in the ownership thereon. The plaintiff has also prayed for a declaration that the defendant has no right of resumption in respect of the suit property and the resumption notice dated 22nd October, 1970 and the letter dated 6th November, 1970 are invalid, void and of no legal effect. A further declaration was also sought in the suit to the effect that the "Admission Certificate" dated 24th April, 1965 is void and not binding on the plaintiff. It is also prayed that the defendant be directed to deliver up the Admission Certificate dated 24th April, 1965 and the said Admission Certificate be cancelled.

(3.) It is the case of the plaintiff that she is the owner of the suit property viz. all that piece and parcel of land bearing No. 11, Staveley Road, Pune Cantonment, consisting of the main bungalow together with outhouses, servants' quarters, garages, stables and a garden admeasuring about 1 acre and 30 gunthas together with ground, trees, fences, etc. It is the case of the plaintiff that the above suit property was owned absolutely by late Cawasjee Dhunjeeshaw, the father of the plaintiff. It is averred by the plaintiff in the plaint that her father said late Cawasjee Dhunjeeshaw by an indenture dated 23rd June, 1930, between him and the Secretary of State for India in Council leased the dwelling house to the predecessors of defendant in the suit property together with out-buildings, grounds, gardens, trees, fences, ditches, wells, easements and appurtenances to the said dwelling house for a period of five years from 20th April, 1930, at the rate of Rs. 745/ - excluding conservancy and water taxes. After this lease had expired, a new lease dated 18th July, 1935, was executed between the parties, for another period of five years commencing from 20th April, 1935. After the term of the lease, the defendants' successors of the Secretary of State for India in Council, held the property on the same terms and conditions contained in the said indenture on the basis of the monthly tenancy. According to the plaintiff, after the demise of the original lessor, the late Cawasjee Dhunjeeshaw, the monthly rent in respect of the suit property was being paid by the defendant to the widow of late Cawasjee Dhunjeeshaw, who was given a life interest in the said property. The plaintiff was given the full and absolute interest in the suit property, after her mother's death, and she became and owner and lessor of the suit property. The plaintiff filed a suit bearing R.C.S. No. 1946/1965 on 15th April, 1964 (thereafter renumbered as Suit No. 946 of 1965) in the Court of Civil Judge, Senior Division, Pune, for possession, arrears of rent and damages.