LAXMAN APPA SONAWANE Vs. YAMUNABAI NARAYAN SHINDE

JUDGEMENT

(1.) THIS second Appeal by the original defendants has been admitted on the following substantial questions of law, namely, (i) Whether the lower Appellate Court has committed an error of jurisdiction by modifying the decree of the Trial Court in the absence of the cross objection or cross Appeal by the plaintiff and (ii) Whether the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (for short 'Act 1971') are applicable to the suit property. The relevant facts which lie in the backdrop of these two questions may be stated in brief as under: -

(2.) THE dispute between the parties relates to an open piece of land bearing Sub -Plot No. 176 of Final Plot No. 9 -B of T.P. Scheme No. 1 of Raviwar Peth, Solapur. The respondent/plaintiff filed a suit for recovery of possession of the suit property, on the ground that she is owner of the suit property and that she had purchased the same under a registered sale deed dated 3.10.1974 from her father Sambha Bala Narayankar. The plaintiff averred that the defendants have absolutely no right or interest in the suit property, but they were allowed to occupy the same as licensees and that they have put up two huts upon the suit property. After purchasing the suit property, the plaintiff called upon the defendants to remove the huts and deliver vacant possession of the suit property. Since the defendants failed to comply with this demand, the plaintiff was required to file a suit for recovery of possession.

(3.) THE learned Trial Judge upon consideration of the evidence on record negatived defendants' all contentions except the contention that: the suit property forms a part of the slum area. The learned trial Judge, however, took a. view that prior permission of the competent authority to file a suit as contemplated by Section 22 of the Act, 1971 was not necessary since the plaintiff would not be able to execute the decree without such permission. In this view of the matter, the learned trial Judge proceeded to decree the plaintiffs claim for recovery of possession. However, subject to the condition that recovery of possession shall be made 'after obtaining the permission from the Competent Authority in this behalf as per the provisions of Section 22 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971'.