JAYSURAJBA COOPERATIVE HOUSING SOCIETY LTD AND ORS Vs. GOVINDBHAI ALIAS JIVABHAI RAMJIBHAI PATEL AND ORS

JUDGEMENT

(1.) BEING aggrieved and dissatisfied with the order dated 5.9.2012 passed below Notice of Motion Exhibit 6/7 in Civil Suit No.202 of 2010 passed by the learned Court No.16, City Civil Court, Ahmedabad, rejecting the Notice of Motion, the appellant has preferred present Appeal as provided under Order 43 Rule 1(r) of the Code of Civil Procedure.

(2.) WITH the consent of both the parties, present Appeal From Order is taken up for final hearing.

(3.) AS per the case of the appellants (org. plaintiffs), the erstwhile owner Ramjii Chunilal Patel i.e. ancestor of the respondent Nos.1 to 10 herein, agreed and undertook to sell the portion of land in question to the appellant society upon finalization of Town Planning Scheme. The said condition was stipulated in the sale deeds executed by deceased Ramjibhai in the month of April, 1970, which were registered with the Joint Sub -Registrar of Assurance, Ahmedabad, vide registration 4370, 4659, 4660 and 4661. Accordingly, the appellant Society became the owner of the property bearing Survey No.289. According to further case of the appellants, the aforesaid condition was stipulated in the said sale deeds on account of the fact that when the sale deeds were executed by the deceased Ramjibhai Patel, the Town Planning Scheme was not finalized and deceased Ramjibhai was not sure as to the said land in question i.e. common plot would be retained by him at the same place upon finalization of the Town Planning Scheme. It is specifically case of the appellants before this Court that the intention and understanding between the appellant society and said erstwhile owner was that upon finalization of the Town Planning Scheme and retention of the land in question at the same place, the sale deed would be executed in favour of the appellant society by the erstwhile owner. Apart from this, it is further urged and submitted that the appellant Society that it is in possession and occupation of the suit plot (Town Planning Scheme No.25) since the execution of the aforesaid sale deeds and therefore, they are entitled to continue in possession of the suit property, as the appellants are entitled to hold such suit property in view of the condition stipulated in the aforesaid sale deeds. In support of the submission, learned advocate appearing for the appellants has referred and relied upon the decision rendered in case of Rajnibai (Smt.) Alias Manubhai Vs. Kamla Devi (Smt.) and Others, 1996 2 SCC 225.