B. Arvind Kumar vs Government Of India & Ors

2. Appellant filed the said suit alleging that suit land measuring 2550 sq. yds. had been leased in perpetuity by the military authorities (General Officer Commanding, Madras District, Bangalore) to M/s S. Giridharilal & Son, a proprietary concern under a registered lease deed dated 30.9.1921; that the lessee put up several structures thereon and was in possession and enjoyment thereof as absolute owners; that G. Anraj Sankla, proprietor of Giridharilal & Son was declared as insolvent in Insolvency Case No.7 and 12 of 1940 on the file of the District Judge, Civil & Military Station, Bangalore and the Official Receiver took charge of the insolvent's properties including the said land with buildings (for short 'suit property'); that the Official Receiver put up the suit property for sale by auction; that M. Bhowrilal, father of plaintiff was the highest bidder and the sale of the right, title and interest of Anraj Sankla that is, his leasehold rights, in regard to the suit property in favour of M. Bhowrilal was confirmed on 25.8.1941 and Sale Certificate was issued to him on 29.8.1941 which was duly registered. After the death of his father on 21.7.1969, he came into possession and enjoyment of the suit property. According to the appellant though the lease was one in perpetuity, it was an absolute grant and since no premium or rent was fixed, the enjoyment was to be perpetual and absolute. When matters stood thus, the Commanding Officer of Station Headquarters, Bangalore (Fourth Defendant), under instructions from the first defendant, illegally and unauthorizedly dispossessed him from the suit property in September, 1975, during the emergency period. Thereafter, he was corresponding with the Defence Ministry for relief, and they went on promising to look into the matter. Ultimately, as they failed to give any relief, he issued a notice through counsel under Section 80 of the Code of Civil Procedure on 8.5.1984, followed by another notice dated 13.4.1987, claiming possession of the suit property. As the said demand was not complied with, he filed the suit (OS No.10653/1987) on 21.8.1987 for the following reliefs:

Plaintiff examined himself as PW1 and got exhibited Ex.P1 to Ex.P43. The Defendants also examined one witness. After appreciating the oral and documentary evidence, the trial court decreed the suit in part. It answered the first issue against the plaintiff by holding that plaintiff had not acquired ownership. It held issues (2) to (6) against the defendants. It held that issue No.(7) did not survive for consideration. As a consequence, it rejected the prayer for declaration of title and granted the relief of possession to the Plaintiff and ordered a separate enquiry regarding mesne profits.

5. Feeling aggrieved, the defendants filed RFA No.181/1996 before the High Court. The High Court by judgment and decree dated 10.7.2001 allowed the appeal and dismissed the suit. The judgment of the High Court is based on the following findings of facts:

Re : Point (iii)

Re : Points (iv) and (v)

Conclusion

19. Though the judgment of the High Court may be erroneous in regard to certain issues of fact, we find that the final decision of the High Court to dismiss the suit was correct and just and does not call for interference. We, therefore, affirm the decision of the High Court dismissing the suit.

20. The appeal is, accordingly, dismissed. Parties to bear their respective costs.