ARORA ENTERPRISES LIMITED Vs. INDUBHUSHAN OBHAN

JUDGEMENT

(1.) Special leave granted. I. A. Nos. 5 and 6 of 1997 to implead M/s. Kamal Construction Co. (a partnership firm) as additional respondent in the appeals, are allowed.

(2.) There are three appellants in these appeals. Appellant No. 1 is a firm wherein appellant Nos. 2 and 3 are partners. Appellants were original plaintiffs in Suit No. 133/89 in the High Court of Bombay. These two appeals are preferred against judgment and orders dated 10-7-1996 passed by a Division Bench of the Bombay High Court in Civil Appeal Nos. 464/96 and 513/96, dismissing the appeals. The first respondent was originally the first defendant. Respondent Nos. 1(a) to 1(d) are his legal heirs. Respondent Nos. 2 and 3 are co-owners of the property in question. Respondent No. 4 is M/s. Kamal Construction Co. (a firm).

(3.) Original defendant No. 1 Indubhushan M. Obhan, died pending the suit. He owned and possessed 1/3rd undivided share in the property measuring 20569. 51 sq. mts. situate in Kanjur village, Kurla Taluk, Bombay. The other two coowners are his brothers. Indubhushan was adjudicated as an insolvent on 29-7-1971. Evidently, this aspect seems to have been published in the Gazette and also in the newspapers. On 9-5-1988. While Indubhushan was still an undischarged insolvent, an agreement for sale of the suit property was entered into between the plaintiffs in the suit and the said Indubhushan. Under the said agreement, the plaintiffs seem to have been deposited a sum of Rs. 7 lacs with Indubhushan, towards the sale of the share in the property owned by Indubhushan. Stating that Indubhushan, the first defendant committed breach of the said agreement and has also started construction work on the land agreed to be sold to the plaintiffs, suit No. 133/89 was laid in the High Court of Bombay by the appellants herein claiming the following reliefs: