IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M. SAVANT, J.
Kedar Sanjeev Khadke – Appellant
Versus
Anant Krishnan Narayanan & Ors. – Respondents
Civil Revision Application No. 110 of 2014
Decided On : 15-01-2015
Specific Relief Act, 1963 - Section 6 Suit for possession. Where plaintiff proved his forceful dispossession by defendant-1 therefore trial Court rightly decreed suit for possession. In so far as the instant suit is concerned, the plaintiff by leading cogent evidence and producing plethora of documents, which are referred to in Paragraph 11 hereinabove, can be said to have discharged the burden. However, as indicated above, incidentally the case of the defendant No. 1 is also required to be tested and when so tested one can only say that the defendant No. 1 has miserably failed to prove that he was put in possession by the defendant No. 2 and that he continued to be in possession and that the theory propounded by the plaintiff of being forcibly dis-possessed on 16.10.2008 cannot be accepted.
1. Admit, with the consent of the learned counsel for the parties taken up for final hearing forthwith.
2. The revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure is invoked against the judgment and order dated 3/12/2013 passed by the learned 2nd Joint Civil Judge, Senior Division, Pune thereby decreeing the suit filed by the Respondent No.1 herein under Section 6 of the Specific Relief Act 1971. Consequential to the decree passed, the Defendant No.1 i.e. the Petitioner herein is directed to hand over the possession of the premises in question being Show Room No.3 in Akshay Complex Aundh, Pune to the Plaintiff.
3. The facts giving rise to the filing of the above Civil Revision Application in brief can be stated thus:
The Respondent No.1 is the original Plaintiff and the Defendant Nos.2 to 4 are the Developers of the plot of land in question being Plot No.3 admeasuring 513.75 sq.mtrs, out of the sanctioned lay out of the land bearing survey No.133, Hissa No.1+2 and Survey No.134, Hissa No.2 equivalent to City Survey No.1337/4 situated at village Aundh, Tal. Haveli, Dist. Pune. The Plaintiff had 25% undivided share in the aforesaid plot whereas the Defendant Nos. 2 to 4 had the remaining 75% undivided share. It is the case of the Plaintiff that negotiation took place between the parties i.e. the Plaintiff and the Defendant Nos.2 to 4 pursuant to which the Plaintiff permitted the Defendant Nos.2 to 4 to amalgamate his 25% share with rest of the property. A Development Agreement dated 31/12/2005 was entered into between the parties. In terms of the said Development Agreement, the Defendant Nos.2 to 4 agreed to hand over two show rooms being Show Room No.3 and Show Room No.4 totally admeasuring about 6000 sq.ft. on the ground floor of the complex that was constructed. Accordingly the Defendant Nos.2 to 4 after completion of the construction handed over the show rooms in the complex which was constructed on the said plot of land being Akshay Complex, and put the Plaintiff in possession on 20/03/2006. The possession receipt was accordingly executed and it is the case of the Plaintiff that he is in possession ever since then. It is the case of the Plaintiff that he had kept the premises in question i.e. the Show Room No.3 under lock and key, but on 16/10/2008 at about 1.30 pm when the Plaintiff visited the suit premises, to his surprise he found that the Defendant No.1 had broken open the lock and taken forcible possession of the said Show Room No.3. It is the case of the Plaintiff that he requested the Defendant No.1 to hand over the possession but on his refusal to do so, he was left with no alternative but to lodge a complaint with the police of his forcible dispossession and thereafter to file the instant suit.
4. In so far as the Defendant No.1 is concerned, he filed his written statement and denied the case of the Plaintiff in so far as the Development Agreement and be being put in possession is concerned. It is the case of the Defendant No.,1 that he was having cordial relations with the Defendant Nos.2 to 4 and he showed his interest in acquiring the commercial premises in Aundh to the said Defendants. The Defendant Nos.2 to 4 agreed to sell the said Show Room No.3 for a consideration of Rs.78 lakhs. It is the case of the Defendant No.1 that he paid the said amount from time to time from 2/11/2005 to 25/3/2006. It is the case of the Defendant No.1 that the Defendant Nos.2 to 4 executed an Agreement dated 24/03/2006 as also executed Power of Attorney on 27/03/2006 and handed over the possession of the said Show Room No.3 by executing possession receipt dated 30/03/2006. It is the case of the Defendant No.1 that on 28/11/2008 he has given the said Show Room on leave and license basis to one Shri Pawan Bhokare. It is the case of the Defendant No.1 that he has lodged criminal complaint against the Defendant Nos. 2 to 4 for deceiving him.
5. The Defendant Nos.2 to 4 also filed their written s
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