Pune, 30th January 2024: In a significant legal development, a Pune civil court has ordered the Defence Estate Office (DEO) to open the seal of the bungalow at 22, Napier Road, Camp, Pune.
The order was passed today by Yashdeep Meshram, 11th Joint Civil Judge, Senior Division, Pune, in Special Civil Suit No. 134/2024, involving a dispute between Mujeeb Abdur Rehman Khan (the plaintiff) and Defence Estate Officer & Ors. (the defendants). The plaintiff had sought an interim mandatory injunction, compelling the defendants to open the lock placed on the suit property and withdraw the notice affixed to it.
The suit, initiated on January 23, 2024, saw the plaintiff’s advocate requesting an ad-interim mandatory injunction on the very first day. After the defendants’ advocates appeared following the notice, the case was adjourned for the next hearing.
The plaintiff asserted property rights through a registered sale deed dated June 14, 1955. The plaintiff’s name was duly recorded in the GLR extract, and consistent tax payments were made.
The defendants argued that the transfer of immovable property required a Deed of Conveyance (Sale Deed) and NOC from competent authority (Central government) and without such documentation, no transfer of rights could occur.
The plaintiff’s advocate contended that this case warranted the exercise of the Civil Court’s power due to the illegal act of the defendants in placing a lock and halting reconstruction work. The defendants’ directive for the plaintiff to complete the work within a year, coupled with the subsequent illegal actions, halted further construction.
After reviewing the pleadings and documents, the court noted that, before submitting a building plan on December 26, 2022, the plaintiffs had informed DEO about their intention to transfer occupancy rights to Rupesh Subhash Banthia and Vaishali Rupesh Banthia, residents of Salisbury Park.
The court emphasized that the plaintiff’s intention was transparent, and the defendants had sanctioned the demolition of dilapidated structure and reconstruction of the property on January 31, 2023.
The court concluded that the plaintiff had a prima facie case in their favor, with the balance of convenience also favoring them. Consequently, the court ordered the defendants to open the lock on the suit property, withdraw the notice, and permit the plaintiff to proceed with the reconstruction as per the sanctioned plan. The defendants were directed to file a detailed reply within four weeks.
As per the IGR document, the plaintiffs had entered into agreement with Banthia on 27th January 2023 for consideration of Rs 7.5 Crore for the bungalow area spread over 2549.52 sq meters.
According to plaintiff’s lawyer, there was only agreement to sale and not a sale deed.