- (1.)This appeal is directed against the judgment dated 25th November, 2009 passed by the High Court of Judicature at Bombay in Civil Revision Application No.272 of 2009. By the impugned judgment the High Court dismissed the Revision Application and affirmed the judgment and decree passed by the Appellate Court and the Trial Court.
(2.)The dispute relates to the piece of property bearing GLR Survey No. 258, admeasuring 0.90 acres which comprise of superstructure consisting of main bungalow, servant quarter and garage situated at Elphinstone Road, Pune Cantonment, Pune (hereinafter referred as the "suit premises").
(3.)The case of the appellants is that the suit premises as aforesaid belongs to the appellants "Pune Cantonment Board". The Governor-General by its order No.14(G.G.O.-14) dated 6th January, 1827 intimated that officers not provided with public quarters may receive permission to erect houses within fortress or military cantonment conferring on them right of property whatever in the ground allotted to them for that purpose, which will continue to be the property of the State, and resumable at the pleasure of the Government. The plot admeasuring 0.90 acres (suit premises) in question was initially granted to one Nusserwanji Sorabji Anklesaria who erected superstructure, including the Bungalow in question.
In the year 1891 he bequeathed the suit bungalow no.1A, Elphinstone Road to his son Maneckhji Nusserwanji Anklesaria. The name of Maneckhji Nusserwanji was registered in General Land Register. Therein it was mentioned that the bungalow in question is held under old grant under conditions of GGO 14 dated 6th January, 1827.