RATANLAL CHOONILAL PANALAL Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) These are consolidated appeals from two decrees of the High Court of Judicature at Bombay dated the Kith April, 1916, confirming decrees which are dated the 15th October, 1914, in two suits which were instituted in its original jurisdiction.

(2.) The object of the suit by the respondents, the Trustees for the Improvement of the City of Bombay, against the appellant, is for a declaration of the plaintiff s property in a certain piece of land, and for the ejectment there from of the defendant, the present appellant, and for delivery forthwith by him of possession thereof. The land has been built over. The issue raised is serious, affecting as it may do many other frontage sites in Bombay.

(3.) The position of the block of property (of which the piece just mentioned forms a part) is as follows. It is a corner site having one frontage to the east--Kalbadevi Road, the other frontage to the north--to Princess Street, in the City of Bombay. Princess Street is made on the site of what was formerly Lohar Chawl Street, The piece of land from which the appellant is sought to be ejected faces Princess Street. The primary question for the consideration of the Board is,-- who owns that piece of land?