ORDER

Leave granted. Heard learned counsel.

2. First respondent claims to be the owner of property bearing No.1300-1303, Village Yerawada, Pune District. First respondent claims that the said property bearing Nos.1300-1303 as also adjoining property bearing Nos.1304-1305 were requisitioned by the State Government from the then owners on 20.9.1942. Thereafter the properties were allotted and handed over to Yerawada Mental Hospital on 1.4.1945.

3. The Yerawada Mental Hospital found the area insufficient and shifted to a larger premises in or about 1990. Ever since then, property bearing No.1300-1303 is not in use. In fact the state government de-requisitioned and surrendered back the adjoining premises No.1304-1305 to its owners. On 27.2.1994, the first respondent purchased premises No.1300-1303 from the previous owners. The first respondent filed W.P.No.2310/1996 praying for a direction to the state government to derequisition the said property. However, the said writ petition was withdrawn on 23.7.1996 with liberty to file a suit.

4. Thereafter, the first respondent filed a civil suit (No.40 of 1997) in the Court of Small Causes Court, Pune, for possession against (i) the State Gover