JAYANTIBHAI SOMACHAND CONTRACTOR Vs. ESTATE MANAGER

JUDGEMENT

(1.) With the consent of learned counsel appearing for the respective parties, the captioned First Appeal, is taken up for final disposal. For the sake of convenience, the parties are referred to as per their status before the Court below.

(2.) By way of the captioned First Appeal, the appellants who are 19 in numbers, are aggrieved by the judgment and order dtd. 19/7/2024 (hereinafter referred to as 'the impugned judgment') passed by learned Auxiliary Chamber Judge in Civil Suit no.469 of 2024. Application, Exh.36 under Order VII Clause (d) of Rule 11 of the Code of Civil Procedure , 1908 (hereinafter referred to as 'the Code') was filed by the defendant no.9, seeking rejection of the plaint read with Sec. 151 of the Code. The application came to be accepted vide above-referred judgment and hence, the captioned appeal.

(3.) Mr Bhargav Bhatt, learned advocate with Mr Rutvij Oza, Mr Rajesh Chakwawala and Mr Kishan Chakwawala learned advocates for the appellants, while inviting attention of this Court to the conveyance deed, submitted that the party has dominion interest, which cannot be curtailed at the whims and wish of the defendants and more particularly, the officers of the Gujarat Housing Board (hereinafter referred to as 'the Board'). It is further submitted that the issue revolves around the right claimed by the plaintiffs against the Board and whether can be agitated in the civil suit or it is barred by the virtue of Chapter VI of the Gujarat Housing Board Act, 1961 (hereinafter referred to as 'the Act of 1961'). It is further submitted that the issue is also whether Sec. 71 and 72 of the Act of 1961, which provide the procedure for institution of civil suit against the Board as well as the officers, can be said to be barred on account of the provisions under Chapter VI.