Case Note & Summary
The plaintiff, Usha Sunder Premises CHS Ltd., a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960 with 25 members, filed Interim Application No. 1075 of 2023 in Suit No. 2240 of 2011 before the Bombay High Court seeking an injunction against the defendants. The defendants included legal heirs of the original lessee, the society's former secretary, and an assignee of the leasehold interest. The dispute arose from a perpetual lease of a portion of the society's larger property and subsequent modifications and assignment. In 1979, a conveyance deed transferred land to the society, and simultaneously, in 1980, the society executed a 999-year lease in favor of the vendor, Mrs. Usha Desai, over 1786.89 sq. mtrs., with restrictions on built-up area (5100 sq. ft.) and height (30 ft.), but allowing assignment without consent. After Mrs. Desai's death in 1983, defendants 1 and 2 inherited the leasehold interest. In 2004, the City Survey Officer recorded them as owners of the entire larger property, which the society appealed in 2010. During the appeal pendency, defendants 1 and 2 negotiated with defendant 4 for assignment of their leasehold interest. The society, represented by defendant 3 (its secretary) and other committee members, executed several documents in April 2010: a Deed of Confirmation of the lease, a Deed of Modification removing the area and height restrictions and providing for sharing of future FSI/TDR, and an Agreement recording defendant 4's payment of Rs. 80 lakhs to the society for the modifications. Subsequently, defendants 1 and 2 assigned the lease to defendant 4 for Rs. 24 crore. In July 2010, the society's advocates alleged that the modification deed was obtained by fraud, without authority, and void ab initio, and that the original lease alone governed the lessee's rights. Defendant 4 responded citing a Managing Committee resolution dated 14 February 2010 as authority. The society filed a police complaint against defendant 3 in January 2011 for cheating and forgery. The suit was filed in June 2011 seeking cancellation of the confirmation and modification deeds. The interim application sought to restrain defendants from acting on the impugned documents, carrying out development or construction, dealing with the property, or entering the premises. The Court's analysis, submissions, and final decision were not included in the provided excerpt.
Issue of Consideration
INTERIM APPLICATION NO.1075 OF 2023
Case Details
2026 LawText (BOM) (01) 30
Interim Application No. 1075 of 2023 in Suit No. 2240 of 2011
Mr. Rashmin Khandekar, Mr. Pranav Nair, Ms. Manisha Virkhare, Ms. Shaheen Moghul, Ms. Trupti Gage for Plaintiff; Mr. Kunal Mehta, Ms. Smruti Kanade, Ms. Shreya Bhagnari for Defendant Nos.1A and 2B; Mr. Aspi Chinoy, Senior Counsel, Mr. Karl Tamboly, Mr. Vikrant Shetty, Mr. Gurdeep Singh Sachar, Mr. Kush M. Shah for Defendant No.4; Mr. Ishan Gambhir, Ms. Amisha Upadhyay for Defendant No.5
Usha Sunder Premises CHS Ltd.
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Nature of Litigation
Civil suit for cancellation of Deed of Confirmation and Deed of Modification of a perpetual lease, with consequential reliefs including injunction against development and alienation.
Remedy Sought
Plaintiff sought interim injunction restraining defendants from acting on impugned documents, carrying out construction, dealing with or disposing of the leased property, and entering upon the larger property.
Filing Reason
Plaintiff alleged that the Deed of Modification was executed without authority, obtained by fraud, and void ab initio, thereby entitling the society to cancellation and protection of its rights.
Previous Decisions
Not mentioned (City Survey Officer order dated 8 June 2004 was appealed by plaintiff in 2010, but no court decision on merits mentioned).
Judgment Excerpts
By this Interim Application, the Plaintiff has sought for an injunction restraining the Defendants from (i) in any manner acting upon or committing acts and omissions in furtherance of the impugned documents; (ii) in any manner carrying out any development and / or construction activity or constructing any building or structure on any part or portion of the Plaintiff’s property; (iii) dealing with, transferring, disposing of, alienating, encumbering, creating any third-party rights or parting with possession of any part and/or portion of the Plaintiff’s property and (iv) entering upon and / or remaining upon the larger property which includes the demised property and/or any part thereof.
the Lease Deed provided that the lessee could demolish or reconstruct the existing structures with a built-up area limited to 5100 Sq. Feet i.e. 4100 Sq. feet being the area of the existing structures and an additional area of 1000 Sq. ft. and a height not exceeding 30 feet
the lessee was at liberty to assign transfer, mortgage, let, sub-let, or give on leave and license basis, paying guest basis, or any other arrangements and / or part with possession of the demised premises or any of them or any part thereof and the structures thereon now or hereafter to any person or persons in any manner whatsoever without knowledge or consent of the lessor
the Deed of Modification had been obtained by fraud and in any event without any authority and void ab intio and is without consideration
Procedural History
1979: Deed of Conveyance executed transferring land to Plaintiff Society. 1980: Perpetual lease of 999 years executed in favour of Mrs. Usha Desai. 1983: Mrs. Desai died; her heirs (Defendants 1 and 2) inherited lease. 2004: City Survey Officer enters Defendants 1 and 2 as owners of larger property. 2010: Plaintiff files appeal against that order. April 2010: Deed of Confirmation, Deed of Modification, Agreement, and Deed of Assignment executed between parties. July 2010: Plaintiff's advocates send letters alleging fraud and lack of authority. September-November 2010: Correspondence between parties. January 2011: Plaintiff files police complaint against Defendant 3. June 2011: Suit filed for cancellation of documents. 2023: Interim Application No. 1075 of 2023 filed. 19 September 2025: Order reserved. 14 January 2026: Order pronounced.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960:
- Maharashtra Land Revenue Code:
