Kamal Ghorui
MUMBAI: A family property battle that began before the Bombay high court just two weeks after the Indian Constitution came into force has finally been resolved, 76 years later. In a judgment made available on March 11, the HC ordered a five-way partition of the remaining one acre (4,271 sq. m) in Yerawada, Pune, among the heirs of landowner Mia Mohamed Haji Janmohamed Chotani, who had left behind two large prime plots, including one on Deccan College Road. The dispute had dragged on for decades.Justice Farhan Dubash, in his judgment dated February 27, brought closure to the long-standing battle between two sets of heirs of Mia Mohamed Haji Janmohamed Chotani.Background of the CaseEbrahim Mia Mahomed Haji Janmohamed Chotani and other heirs filed a suit on February 8, 1950, before the HC against Osman Mia Mohamed Haji Janmohamed Chotani, one of the other heirs, seeking partition and determination of their respective shares.Plaintiffs’ Claims:The plaintiffs sought a declaration regarding the estate of the deceased and the respective shares of all parties. They also requested partition of the estate among the heirs according to their respective shares, along with consequential reliefs, including sale of properties and rendition of accounts.Defendant’s Position:Osman Mia Chotani later became insolvent, and the official assignee of his estate was substituted as the defendant.The Lands in QuestionOne parcel situated at Deccan College Road, Yerawada, PuneAnother parcel situated in Yerawada, PuneCourt ObservationsJustice Dubash noted that on March 14, 1950, the HC appointed the Court Receiver as Receiver for the two properties, along with all rents, income, and profits, and other legally mandated powers.On March 28, 1950, a preliminary decree for partition was passed by the HC declaring the shares of the heirs and referring the suit to a “Commissioner for Taking Accounts” to effect the partition of the properties according to the heirs’ respective shares. The Commissioner was also empowered to sell any properties as necessary.What Happened NextThe Deccan College Road property was acquired by the government. The compensation received by the Court Receiver, along with sale proceeds of other properties sold by the Commissioner over the years, was distributed among the entitled parties under a 1979 order in proceedings filed in 1978 by the original defendant.This left only a 16-acre plot in Yerawada under the Court Receiver’s possession.During his lifetime, the original owner had appointed a manager for this 16-acre plot. The manager’s heirs later claimed either the property in lieu of certain debts or, alternatively, half the share in the plot based on a writing dated June 22, 1946, executed by the original defendant. Another individual, claiming actual possession, asserted ownership citing adverse possession rights.In 1952, the Court Receiver filed a suit in the Pune Civil Court for possession.By June 1953, the parties settled: the manager’s heirs relinquished their claim in exchange for a one-fourth share of the 16-acre plot. A compromise decree in 1955 granted them this one-fourth share, settling all claims, while the Court Receiver retained three-fourths.Despite this, the property remained unpartitioned for three more decades. In 1984, the HC ordered demarcation of the land, leaving two plots: one of 1 acre and another of 3 acres.In 2006, Bishop’s Education Society intervened, seeking removal of the Court Receiver from the 3-acre plot. Nearly two decades later, in January 2024, the HC discharged the receiver for the three-acre plot. Plaintiffs and one defendant who claimed to have paid for part of the land filed an appeal last year, which remains pending. Justice Dubash stated that its outcome would bind all parties.Over the years, the HC also impleaded individuals and private builders claiming rights over portions of the land through various agreements in 1989, 2018, and 2019.Key TakeawaysPursuant to the preliminary decree of March 28, 1950, the Commissioner for Taking Accounts submitted a report proposing the partition of the remaining one-acre plot in Yerawada. All plaintiffs and defendants, except one, consented to the proposed partition. The objecting defendant opposed a 12-metre wide internal road. The HC referred the matter to an architect, who confirmed that the 12-metre road complies with Maharashtra’s Unified Development Control and Promotion Regulations (UDCPR).The HC rejected the defendant’s objection, noting that the 12-metre road was justified for layout and access requirements.Final OrderThe Commissioner for Taking Accounts is directed to effect partition of the 4,271.50 sq. m property according to the plan dated August 21, 2025, prepared by the architect and annexed to the Commissioner’s report dated December 10, 2025.Demarcation will be carried out through the District Superintendent of Land Records or the concerned City Survey Officer in Pune, with parties allowed to be physically present.Defendants 16 and 17, claiming competing rights, may institute separate proceedings before a competent court. To facilitate this, status quo will be maintained over six sub-plots until June 15, 2026.The 1950 suit is accordingly disposed of.
