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SUPREME COURT OF INDIA
B.S. CHAUHAN, SUDHANSU JYOTI MUKHOPADHAYA, KURIAN JOSEPH, JJ.
Union of India & Another – Appellants
Versus
Dinshaw Shapoorji Anklesari & Others – Respondents
Civil Appeal No. 6194 of 2013 (Arising out of SLP (C) No. 2933 of 2010)
Decided On : 06-05-2014
(2012) 7 SCC 278; (1999) 3 SCC 555; (2010) 13 SCC 511 – Relied upon
AIR 1980 Bom 9 – Referred
Facts of the case:
Pursuant to the Governor-General order No.14(G.G.O.-14) dated 6th January, 1827, the plot admeasuring 0.90 acres comprising of superstructure consisting of main bungalow, servant quarter and garage situated at Elphinstone Road, Pune Cantonment, Pune (suit premises) was initially granted to one Nusserwanji Sorabji Anklesaria with right to property. However it continued to be property of the State, resumable at the pleasure of the Government. Nusserwanji Sorabji Anklesaria erected superstructure, including the Bungalow in question.
In the year 1891 he bequeathed the suit bungalow no.1A, Elphinstone Road to his son Maneckhji Nusserwanji Anklesaria. The name of Maneckhji Nusserwanji was registered in General Land Register. Therein it was mentioned that the bungalow in question is held under old grant under conditions of GGO 14 dated 6th January, 1827.
An agreement for occupation by Government of the property in a cantonment not requisitioned under the Cantonment (House Accommodation) Act known as “Repairing Lease” was entered between Maneckji Nasserwanji Anklesaria in one part (First Part) and the Governor General in Council on the other (Second Part) on 29th August, 1941, whereunder property described in Schedule I thereto i.e. Bungalow No. 1-A with servant quarter, garage, etc. was given in possession to the second part (i.e. Governor General in Council) for a consideration of monthly payment of Rs.196/- payable on the first of every month, the first of such payment being made on the first day of August, 1941.
Subsequently, by an Indenture of Sale dated 12th November, 1968 between Manekji Nassurwanji Anklesaria and two others and plaintiffs-respondents, Dinshaw Shapurji Anklesaria and two others it was agreed to sell and purchase the lease-hold rights being perpetual grant under the old grant of the Pune Cantonment Board over the suit premises for total consideration of Rs. 60,000/-. In the said “Indenture of Sale” it was narrated that necessary permission on that behalf had been received from the authorities concerned by letter no. 201125/Q(PP) dated 14th June, 1968, signed by the General Officer Commanding in Chief, Head Quarter, Southern Command.
The admission certificate with regard to suit premises was issued by the plaintiffs-respondents on 19th April, 1971 in favour of the Military Cantonment Estate Officer, Poona Circle, Pune.
The Trial Court directed the defendants-appellants to handover the vacant and peaceful possession of the suit premises together with structure consisting of main bungalow, servant quarter, garage and any other structure thereon to the plaintiffs-respondents.
In Civil Appeal No.26 of 2006, the First Appellate Court by judgment and decree dated 15th January, 2009 while dismissed the appeal and modified the judgment and decree passed by the Trial Court holding that the plaintiffs-respondents are entitled to recover the amount of Rs.20,972/- along with cantonment taxes @ 6 per cent per annum from February, 2000 till the date of actual realization.
The appellants preferred Civil Revision Application No.272 of 2009 before the High Court which has been dismissed.
Finding of the Court:
The land belongs to Government of India and they have right to resume it.
JUDGMENT
Sudhansu Jyoti Mukhopadhaya, J. –
This appeal is directed against the judgment dated 25th November, 2009 passed by the High Court of Judicature at Bombay in Civil Revision Application No.272 of 2009. By the impugned judgment the High Court dismissed the Revision Application and affirmed the judgment and decree passed by the Appellate Court and the Trial Court.
2. The dispute relates to the piece of property bearing GLR Survey No. 258, admeasuring 0.90 acres which comprise of superstructure consisting of main bungalow, servant quarter and garage situated at Elphinstone Road, Pune Cantonment, Pune (hereinafter referred as the “suit premises”).
3. The case of the appellants is that the suit premises as aforesaid belongs to the appellants – “Pune Cantonment Board”. The Governor-General by its order No.14(G.G.O.-14) dated 6th January, 1827 intimated that officers not provided with public quarters may receive permission to erect houses within fortress or military cantonment conferring on them right of property whatever in the ground allotted to them for that purpose, which will continue to be the property of the State, and resumable at the pleasure of the Government. The plot admeasuring 0.90 acres (suit premises) in question was initially granted to one Nusserwanji Sorabji Anklesaria who erected superstructure, including the Bungalow in question. In the year 1891 he bequeathed the suit bungalow no.1A, Elphinstone Road to his son Maneckhji Nusserwanji Anklesaria. The name of Maneckhji Nusserwanji was registered in General Land Register. Therein it was mentioned that the bungalow in question is held under old grant under conditions of GGO 14 dated 6th January, 1827.
4. An agreement for occupation by Government of the property in a cantonment not requisitioned under the Cantonment (House Accommodation) Act known as “Repairing Lease” was entered between Maneckji Nasserwanji Anklesaria in one part (First Part) and the Governor General in Council on the other (Second Part) on 29th August, 1941, whereunder property described in Schedule I thereto i.e. Bungalow No. 1-A with servant quarter, garage, etc. was given in possession to the second part (i.e. Governor General in Council) for a consideration of monthly payment of Rs.196/- payable on the first of every month, the first of such payment being made on the first day of August, 1941. As per the said agreement, the appellants were required to maintain the premises i.e. Bungalow No. 1-A with servant quarter, garage etc.. It was agreed upon that if by reason of fire or tempest or other cause not occurred by the willful act or default of the party on the second part, the premises or any part or parts thereof or was in the opinion of the party on the second part is rendered uninhabitable at any time, the said agreement in force, then until the premises or such part and parts thereof as are affected shall be restored or rendered fit for reoccupation to the satisfaction of the party on the second part.
5. Subsequently, by an Indenture of Sale dated 12th November, 1968 between Manekji Nassurwanji Anklesaria and two others and plaintiffs-respondents, Dinshaw Shapurji Anklesaria and two others it was agreed to sell and purchase the lease-hold rights being perpetual grant under the old grant of the Pune Cantonment Board over the suit premises including the bungalow, servant quarters’ garage, etc. with full rights of ownership of the building for total consideration of Rs. 60,000/-. In the said “Indenture of Sale” it was narrated that necessary permission on that behalf had been received from the authorities concerned by letter no. 201125/Q(PP) dated 14th June, 1968, signed by the General Officer Commanding in Chief, Head Quarter, Southern Command.
6. The admission certificate with regard to suit premises was issued by the plaintiffs-respondents on 19th April, 1971 in favour of the Military Canton
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