SAMIR RAMZANALI RAYANI Vs. SHAHZADA ABBAS BHAISAHEB FAKHRUDDIN

JUDGEMENT

(1.) The challenge in this petition is to the order dated 2/8/2018 (below Exh.33) passed by the learned Small Causes Court at Mumbai in R.A.E. Suit No.635/2015. By the impugned order, application (Exh.33) filed by the petitioner (original defendant No.2) under Order VII Rule 11 of CPC, for rejection of the plaint on the ground that it does not disclose cause of action, has been rejected.

(2.) The brief facts necessary for the disposal of the petition may be status thus.

(3.) The plaint sets out the aims and object of the plaintiff Trust namely Saifee Burhani Upliftment Trust (SBUT) which includes upliftment and wellbeing of the people residing under the umbrella of 'Raudat Tahera', in Bhendi Bazar, by providing them more spacious ownership flats with modern amenities, in a better environment. For the said object and purpose, the Trust can undertake building construction, development, design of building condominiums, apartments, homes etc. For the limited purpose of deciding the present petition, it is not necessary to set out the objects in details. Suffice it to mention that as per the case made out in the plaint, one of the pilot schemes to be implemented by the plaintiff Trust involved rehabilitation of approximately 25000 residents in about 250 buildings in Bhendi Bazar at Mumbai. It was contended that the said buildings which are around 100 years old are beyond repairs and in a dilapidated and uninhabitable condition. The material case is that in order effect the said development in Bhendi Bazar, the suit premises, which are situated in Anjirwadi, Mazgaon were required for transit accommodation. This according to the plaintiff Trust is a reasonable and bonafide requirement of the plaintiff Trust which is the landlord.