GANGADAS MULJI Vs. HAJI ALI MAHOMED JALAL SAJI

JUDGEMENT

(1.) In this case there is no dispute as to facts as they are all practically admitted. The plaintiff was the owner of a large piece of land situate at De Lisle Road. By an indenture of lease, dated 15th January 1903, the plaintiff had leased the said piece of land to one Ahmed Moosa and Mahomed Ibrahim, their heirs, executors, administrators and assigns for ninety-nine years upon certain terms and conditions. In the year 1914, the Trustees for Improvement of the City of Bombay acquired a portion of the said piece of land under the powers conferred on them by the City of Bombay Improvement Trust Act (IV of 1898). At the time of the acquisition the lessee s interest in the land had become vested in the first defendant, Haji Ali Mahomed Jalal Saji, who had mortgaged his interests to the second defendant, Kuppa, Dolla & Co., who in turn had created a sub-mortgage of their interests in favour of one Rustomji P. Mehta. The question of compensation was amicably settled between the Improvement Trust and the first defendant, Haji Ali Mahomed Jalal Saji, for Rs. 85000. The plaintiff, it appears, took no part in the enquiry before the Special Collector. The Special Collector made an award under Section 11 of the Land Acquisition Act on the 7th November 1914 by which he awarded Rs. 85000 as Compensation to be paid for the land acquired and apportioned such compensation as under :- To, 1. Kuppa, Dolla & Co,, the second defendants, in part payment of their mortgage claim against the first defendant, Haji Ali Mahomed Jalal Saji.... Rs. 43116-o--o.

(2.) Bustomji P. Mehta in full satisfaction of his claim as equitable sub-mortgagee of Kuppa, Dolla & Co....Rs. 7967-o-D.

(3.) Gangadas Mulji, the plaintiff.. Rs. 2804-0-0.