SECOND APPEAL 620 of 1986 on 21 November 1986

1. Union of India

2. The Military Estate OfficerPoona Circle, Climo RoadPune 411 001Poona Circle, Climo RoadPune 411 001

...Appellants

Versus

1. Razia Noormohamad Begmohamad

2. Qumarijohan A.K.Samar

...Respondents

Shri K.K.Tated for the Appellants

CORAM: A.S.OKA,J.DATED: JUNE 29,2004

ORALJUDGMENT:

1. This Second Appeal was admitted by this Courton 21st November 1986. This Court observed in theOrder dated 21st November 1986 that the rights ofthe Respondents vis-a-vis the property havingregard to the grant is the substantial question oflaw :

2. This Second Appeal was called out yesterday andI have heard the submissions of Shri Tated, learnedCounsel on behalf of Appellants. However, none waspresent for the Respondents and therefore theAppeal was adjourned till today. Today also none appears for the Respondents. Hence, I have no option but to decide the Appeal in their absence.

Tenure" and as a matter of fact the suit propertydoes not belong to President of India and it is notheld on old grant tenure. The challenge in thesuit is also to the admission certificate issued bythe Central Bank Executor and Trustee CompanyLimited by which the Respondents were forced to compelled to subscribe to the so called old grant terms.

4. The suit was contested by the Appellants byfiling written statement. A specific case was madeout that the suit property was held on old grantand terms under the conditions incorporated inG.G.O.14 of 6th January 1827. It is contended thatunder the said order the Appellant No.1 is entitledto resume the land as the grantee has no right inrespect of the land. It was stated in the written statement that the Appellant No.1 was justified in resuming the land.

5. The learned Trial Judge framed various issues.The learned Trial Judge held that there was noevidence on record to show that the suit propertywas held by the Respondents under the terms of oldgrant and therefore, the notice was illegal. The Trial Court therefore passed decree which reads thus :

"(1)It is hereby declared that the noticebearing No.701/144/L/L & C/704759/D (Lands)dated 17th September 1971 is illegal andultra vires and it is hereby declared thatthe defendants are not entitled to deprivethe Plaintiffs of their suit property. Itis also declared that the Defendants arenot entitled to resume possession of thesuit property.(2)The Defendants are hereby permanentlyrestrained from resuming the possessionand/or otherwise interfering with theenjoyment and vahiwat of the property insuit.

(3) The Defendants do pay costs of this suit tothe Plaintiffs and bear their own."the Plaintiffs and bear their own."

have taken exception to the findings of both the Courts below.

was on the conditions incorporated in the admission certificate.

b) The Defendants are hereby restrained by Decree natural justice while adopting the due process oflaw.

c) The Defendants will pay costs of the suit to thePlaintiffs."

. Certified copy is expedited.

JUDGE