Dismissed

Shri. Vajir Tajuddin Gavandi v. Shir. Mahammadhusen Amin Gavandi

Bombay HC15 Oct 2019SA/126/2015

Case brief

AI extract

What is this about?

In this second appeal regarding a suit for permanent injunction over property possession, the High Court observed that the courts below correctly found no legal right of the appellant to occupy the property since the permission of the previous owner was invalid. The appellant admitted the land belongs to the State Government. The court found no substantial question of law.

What did the court decide?

The appeal is dismissed.

Shri. Vajir Tajuddin Gavandi Vs Shir. Mahammadhusen Amin… — Property and Title | Bombay HC (2019)

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902.sa 126-15.doc

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DDR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO. 126 OF 2015

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Vajir Tajuddin Gavandi..Appellant
vs.
Mahammadhusen Amin Gavandi..Respondent

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None for the appellant.
Shri A.A. Shinde h/f. Shri Rahul Kulkarni for respondent.

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CORAM : M.S.KARNIK, J.

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 DATE : 15th OCTOBER, 2019

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P.C. :

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None for the appellant.

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2.This Second Appeal had appeared for admission

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yesterday. As no one appeared yesterday on behalf of the
appellant I heard learned counsel for the respondent. Only by
way of indulgence so as to enable the appellant an opportunity

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to make his submissions the matter is listed today under the

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caption for “passing orders”.

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902.sa 126-15.doc

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3.The Appeal is of the year 2015. With the assistance
of learned counsel for the respondent I have gone through the
Appeal Memo and the orders passed by the Courts below.

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4.The appellant is the original plaintiff. He had filed
the suit for permanent injunction restraining the defendant from
obstructing his possession over the suit property. According to
the plaintiff, the suit property was owned by Indumati Rani
Sarkar and as per her consent since 1987-88 the plaintiff is in
settled possession over the suit property. The plaintiff in his
deposition admitted that after the State Government’s name is
recorded in the record of rights, Indumati Rani Sarkar had no
concern with the suit property. Moreover, it was specific case of
the plaintiff that the permission of Indumati Rani Sarkar was
obtained in the year 1987-88. In his deposition the plaintiff
admits that Indumati Rani Sarkar died in the year 1971 and
therefore the Courts below have recorded that Indumati Rani
Sarkar having died in the year 1971, the plaintiff’s case that he
is in settled possession over the suit property by virtue of the

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902.sa 126-15.doc

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permission granted by Indumati Rani Sarkar cannot be accepted.
Moreover, the plaintiff himself admitted that the land in
question is owned by the Government. The plaintiff further
admits that he has filed the suit against the State Government
for permanent injunction and not to remove the encroachment.
If in these circumstances the Courts below have come to a
conclusion that the plaintiff has no legal right to occupy the suit
property and hence he is not entitled for permanent injunction, I
see no reason to interfere with the concurrent findings of fact
recorded by the Courts below. The present Appeal does not
involve any substantial question of law. The Appeal is dismissed.

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(M.S.KARNIK, J.)

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Digitally signed by Diksha Diksha RaneDate: Rane 2019.10.1517:45:59 +0530

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Shri. Vajir Tajuddin Gavandi v. Shir. Mahammadhusen Amin Gavandi

Case brief

What is this about?

What did the court decide?

Shri. Vajir Tajuddin Gavandi v. Shir. Mahammadhusen Amin Gavandi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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