MUMBAI: The Bombay High Court recently directed its court receiver to execute conveyances of 375 acres of land in Dahisar to Veekaylal Investment Company in six weeks. The company’s owners purchased the land in an auction sale in March 1962.
A single-judge bench of justice Manish Pitale on Wednesday passed the order on a plea filed by Veekaylal Investment Company in 2022, complaining that the court receiver had not executed conveyances of 372 acres out of the 644 acres the company’s predecessor purchased in March 1962. Conveyance deeds are documents necessary to get the immovable property transferred to the new owner.
The plea was filed in a 1947 suit filed by family members of Haji Alimahomed Haji Cassam Agboatwala, who died in 1946, for his estate’s administration. Agboatwala left behind large tracts of land in and around Mumbai, including 644 acres of land, part of which has been taken over by the state government and the rest are encroached upon.
In June 1950, the high court appointed a court receiver over the estate, and in a preliminary order passed in November 1961, authorised the officer to sell the estate by public auction. However, parties to the suit advised inviting private offers so the sale would be concluded soon. Accordingly, private offers were invited and the Veekaylal Investment Company’s predecessor in title, K Lalchand, offered the highest bid of ₹13.50 lakh for the 644 acres of lands on as is where is basis, i.e. accepting without any guarantees about the property’s condition.
{{/usCountry}}In June 1950, the high court appointed a court receiver over the estate, and in a preliminary order passed in November 1961, authorised the officer to sell the estate by public auction. However, parties to the suit advised inviting private offers so the sale would be concluded soon. Accordingly, private offers were invited and the Veekaylal Investment Company’s predecessor in title, K Lalchand, offered the highest bid of ₹13.50 lakh for the 644 acres of lands on as is where is basis, i.e. accepting without any guarantees about the property’s condition.
{{/usCountry}}On March 30, 1964, the court confirmed the sale by allowing the court receiver to accept the higher bidder’s offer. Following this, between 1972 and 2007, the court receiver executed conveyance deeds for 269 acres of the land but stopped after the heirs of the parties’ suit raised objections. The company, in their plea, also sought a declaration that the court receiver had no business to object the executing of conveyances and a direction for executing conveyances for the remaining land.
Justice Pitale on Wednesday allowed the plea, noting that the parties to the suit had not challenged the 1964 order confirming the sale, and therefore, cannot turn back and object the execution of conveyances in favour of Veekaylal Investment Company.
“It is a travesty that despite the sale being confirmed as far back as in the year 1962, and the entire amount being paid by the purchaser, till date, conveyance deeds for the aforesaid piece of land of about 644 acres have not been executed for one reason or the other,” said the judge while ordering the court receiver to execute conveyances for the remaining land within six weeks.
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