Niranjan N. Satam v. Chief Executive Offcerr Slum Rehabilitation Authority
2021-12-07
R.I.CHAGLA
body2021
DigiLaw.ai
JUDGMENT R.I. Chagla, J. - Heard learned Counsel for the Applicants/Plaintiffs. 2. By this Interim Applicationr the Applicants are seeking protection in respect of the suit premises i.e. land bearing CTS 300r 300(1) to (10) along with structure (Satam Niwas Chawl). 3. The Applicants case is that the Applicants apprehend that the Defendant No. 19 will disturb the possession of the Applicants in respect of the suit property and has already excavated the land adjoining the suit property which is clear from the photographs at page 41 of the Interim Application. 4. The learned Counsel for the Applicants has stated that the Applicants are the owners of the suit structurer as the structure was purchased by the Applicants ancestor of which is apparent from the documents on record which includes the Indenture Deed and the Deed of Conveyance in respect of the structure on the suit property. He has submitted that the suit property had been leased by the ancestor of the Applicant Smt. Satyavati Shivram Satam from one Damodar Balkrishan Juhukar on 22nd March 1958. The rent bills in respect of the suit property has been raised even after the expiry of the lease which was for 10 years i.e. from 1958 to 1967. These bills are also on record. 5. Learned Counsel for the Applicants has submitted that in view of the Defendant No. 19 carrying out the construction work and threatening to remove the structure on the suit property belonging to the Applicantsr criminal complaints have been fled. protection would be required in respect of the suit structure on the suit property. 6. The Defendants other than Defendant Nos. 3r 4 and 7r inspite of being served with the papers and proceedings in the above Suit including the Interim Application by an email issued on 4th December 2021r have not remained present. 7. The Applicant is directed to file an Affidavit of Service by tomorrow i.e. 8th December 2021. 8. Till the next dater status quo will be maintained in respect of the structure (Satam Niwas Chawl) on the suit property being Land bearing CTS 300r 300(1) to (10). 9. Notice of this order shall be served on the Defendants by the learned Counsel for the Applicants/Plaintiffs. 10. The Interim Application is stood over to 21st December 2021. 11. Parties to act on authenticated copy of this order.