Leela Shashikant Purandare vs Arvind Vishu Govande(D) Thr. Lr & Ors

3. After obtaining the degree of M.Tech. from Indian Institute of Technology, Kharagpur, the respondent started working as Engineering Consultant. In 1979, he purchased Plot No.W-97, Bhosari Industrial Area, Pimpri (the suit property) on lease basis from Maharashtra Industrial Development Corporation (MIDC) by registered deed dated 24.10.1979. After taking possession of the suit property, the respondent obtained water supply and electric connection in his name. In 1988, the appellant and her relative (brother, viz., Subhash Anant Kogekar) are said to have approached the respondent for permission to use the suit property for lunch and dining purposes of their employees. The respondent agreed to their request. After few months, the appellant started using the shed constructed over the plot for manufacturing activities and also made structural changes/modifications without his knowledge and consent. On coming to know of this, the respondent sent letter dated 6.6.1990 to the appellant by Registered A.D. and called upon her to immediately stop the manufacturing activities and desist from making any structural changes. He also asked the appellant to vacate the shed and the premises. The appellant refused to accept the letter. She also did not respond to letters dated 6.11.1990, 7.11.1990 and 30.11.1990. The respondent then approached the Executive Engineer, MIDC and the concerned officer of Maharashtra State Electricity Board (MSEB) for disconnection of water and electricity supplies. The electricity was disconnected on 15.1.1991 and the meter was removed. Thereupon, the appellant filed Suit (RCS No.101/1991) against MSEB without impleading the respondent as party and sought injunction against disconnection of the supply of electricity. On an application made by the respondent, the trial Court ordered his impleadment as defendant in RCS No.101/1991. That suit was finally dismissed by the trial Court vide order dated 8.2.1993.

4. Since the appellant did not vacate the suit property, the respondent filed Special Civil Suit No.1634/1993 (re-numbered as Regular Civil Suit No.614/2000) for possession and award of compensation at the rate of Rs.500 per day with interest. He pleaded that the appellant was neither his partner in the business nor a licensee of the suit premises and she was unauthorisedly occupying the same; that he had given the suit property to the appellant and her relative for lunch and dining purposes of their employees but she started using the same for manufacturing activities and also made structural changes without his knowledge and consent and without permission and that she did not vacate the suit premises despite repeated requests.

5. In the written statement filed by her, the appellant averred that the suit property is not owned and possessed by the plaintiff- respondent alone and that she was in possession thereof as partner of Active Engineers and this fact has been concealed by the respondent. The appellant denied that she or her relative approached the respondent for permission to use the suit property for lunch and dining purposes of their employees or that she started using the same without the former’s knowledge and consent for manufacturing activities and that she had made structural changes. The appellant claimed that the respondent was carrying on business of sale and manufacturing of engineering and chemical items in the name and style of M/s. Active Engineers in partnership with her husband Shashikant Mahadeo Purandare and after his death on 1.11.1988, the respondent offered to admit her as partner and to form a new partnership. She accepted the offer and a partnership deed was executed by them on 23.11.1988; that in terms of the partnership deed, the main office of the partnership was located in the suit property, which was treated as the respondent’s investment in the partnership; that she had agreed to invest Rs.1,25,000 towards capital and the profit ratio between the partners was to be 51% and 49%; that she spent Rs.1,25,000 for construction of factory shed and commenced business; that the respondent sent letter dated 10.12.1988 to the Shop Inspector about the change of partnership and registration was also made under the Sales Tax Act in the name of M/s. Active Engineers, and that at the time of allotment, there was a factory shed admeasuring about 600 sq. ft. and she made additional construction of about 800 sq. ft. She also constructed mezzanine floor in the factory and installed furniture and fixtures by spending Rs.3,00,000. The appellant also raised an objection to the maintainability of the suit on the ground that the partnership is not registered. She finally pleaded that the respondent cannot seek her eviction unless he settles all the disputes and gets the partnership dissolved.

7. The respondent examined himself as PW-1, Rajaram Tukaram Bhujbal, an employee of MIDC, as PW-2, Senior Clerk Tax Assistant of Pimpri Chinchwad Municipal Corporation as PW-3 and produced documents, which were marked as Exhibits P-52, 54, 55, 56, 57, 63, 64, 65, 72 and 73.

9. After analyzing the oral and documentary evidence produced by the parties, the trial Court decided all the issues in favour of the respondent and decreed the suit. The trial Court held that the respondent has succeeded in proving the allotment of suit property to him by MIDC and decided issue No.1 in the affirmative. While dealing with issue Nos. 2 and 3, the trial Court referred to the admission made by Subhash Anant Kogekar that the plaintiff-respondent had issued letter dated 6.6.1990 for delivery of possession and held that the respondent had allowed the relatives of the appellant to use the suit property for lunch and dining purposes but she used the same for manufacturing activities and also made structural changes without his consent. The trial Court rejected the appellant’s plea that the respondent had executed partnership deed dated 23.11.1988 inducting her as partner and she had made investment. The findings recorded by the trial Court on these two issues are extracted below:

22. In the result, the appeals are dismissed with cost quantified at Rs.50,000. The appellant shall pay the cost to the legal representatives of the respondent within two months and hand over vacant possession of the suit property to the legal representatives on or before 31.3.2014. This would be subject to her filing an undertaking before this Court within a period of four weeks from today. During the intervening period, the appellant shall not induct any person in the suit property in any capacity whatsoever or alienate the same to any other person.