DHAIRYASINH P. RAJDA Vs. OFFICIAL LIQUIDATOR OF AHMEDABAD MANUFACTURING AND CALICO PTG. MILLS CO. LTD. AND ORS.

JUDGEMENT

(1.) The applicant has taken out the judges summons, wherein, he has prayed for the following reliefs:

(2.) Heard learned advocate Mr.Sachin D. Vasavada for the applicant, learned advocate Ms.Amee Yajnik for respondent No.1, learned advocate Mr.J.T.Trivedi for respondent No.3 and learned advocate Mr.Hemang Shah for respondent No.8.

(3.) Learned advocate Mr.Sachin Vasavada appearing for the applicant submitted that the property in question was owned by ancestors of the applicant. Great grandfather viz. Morarji Vallabhji Damji Rajda with his two brothers Mr.Khimji Jayram Damji Rajda and Mr.Meghji Jayram Damji Rajda had purchased the property in question in the year 1886 by way of registered sale deed. Grandfather of the applicant viz. Morarji Vallabhji Damji Rajda had 1/2 share in the immovable property. Subsequently, in the year 1923, by way of conveyance deed dated 11.09.1923 made between Mr.Meghji Jayram Damji and his son Jethabhai Meghji Jayram as vendors of one part and father of the applicant Mr.Parshottam Thakarshi Morarji Rajda and his three brothers as purchasers of other part purchased 1/4th share of said immovable property. Accordingly father of applicant and his three brothers became entitled to 3/4th share in the property in question. Thereafter also, by virtue of consent decree passed by Bombay High Court in Suit No.2774 of 1948 another undivided 1/4th share of Mr.Khimji Jayram Damji came to father of applicant and his three brothers acquired 100% share in the property. It is further submitted by learned advocate for the applicant that on demise of all the brothers of father of the applicant as well as the death of father of the applicant, the property in question vest in 1) Amita Rajda, 2) Madhavi Rajda, 3) Jayant G. Rajda, 4) Muliben G. Rajda, 5) Hemen J. Rajda, 6) Dhairyasinh P. Rajda and 7) Dipti J. Rajda. Thus, all these persons are the coowners of the property in question. It is the case of the applicant that being elder male member in the family, he is managing the affairs of all the properties as one of the coowners and for and on behalf of all the coowners. In this background of the facts of the present case, learned advocate for the applicant submits that Morarji Vallabhji Rajda was the owner of the property in question at the relevant time. Thereafter the said property was given by him on monthly rental basis somewhere in the year 1950 to M/s. Ahmedabad Manufacturing & Calico Ptg. Mills Co. Ltd. When the company was going concern, at that time, ancestors of the applicant used to receive rent regularly from the said company and used to issue rent receipts in the name of the said company. Learned advocate for the applicant has referred to and relied upon the rent receipts issued by the firm of the applicant. At this stage, learned advocate Mr.Vasavada appearing for the applicant submitted that the company in liquidation abruptly stopped paying the rent to the applicant and therefore somewhere in the year 199394, notice was given by the applicant to the said company. The company also gave the reply. However, at that stage, the company was not wound up and the proceedings were pending before BIFR.