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High Court closes 1947 property suit involving over 2,900 acres of land in North Mumbai

The complaint was filed on October 7, 1947, and sought administration of the estate of a man named Haji Alimohammed Haji Cassum in Mumbai's Dahisar.

bombay high courtAfter prolonged proceedings, the consent terms were agreed upon by five signatories, and the suit was disposed of. (File Photo)

Earlier this month, the Bombay High Court disposed of one of the oldest suits pending before it, dating back to 1947, the year India gained independence. After nearly 79 years of litigation, the fourth generation of the original landowners reached a settlement in a dispute related to a property in North Mumbai’s Dahisar.

“The present parties to the suit are the fourth generation of the descendants of the deceased, who have finally settled all the disputes which are the subject matter of the suit that have remained pending since the past about three-quarters of a century and filed consent terms which records the settlement that is arrived at between them,” Justice Farhan P Dubash said in his order passed on February 5.

“This order disposes of probably the oldest suit that is currently pending before the Bombay High Court,” Justice Dubash, one of the newest judges of the court, said.

The complaint was filed on October 7, 1947, and sought administration of the estate of a man named Haji Alimohammed Haji Cassum. The case concerned the administration and distribution of Cassum’s property, spread over 2,981 acres of land, including the entire village of Dahisar, which is now a bustling suburb.

From time to time, several orders were issued after a preliminary decree was passed in 1952. The parties reached a settlement with consent terms accepted by both.

On June 30, 1950, the Bombay High Court appointed a court receiver for the estate, and the respective shares of the legal heirs were ascertained through the preliminary decree in 1952. Over the following decades, as several of the original parties in the suit passed away, their legal heirs were brought on record, with the fourth generation currently on record.

After prolonged proceedings, the consent terms were agreed upon by five signatories, and the suit was disposed of. The parties also agreed that a sum of Rs 7 lakh was to be paid to the court receiver towards costs and charges in the matter, which were directed to be deducted from fixed deposits.

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The high court recorded the agreement between Senior Advocate Kevic Setalvad, representing the plaintiffs, and counsel Anupam Surve, with others, for the defendants.

 

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