SUMAN PARMANANDDAS MUNDHADA Vs. SAROJ SCREENS PRIVATE LTD

JUDGEMENT

(1.) THE aforesaid two appeals arise from the judgment delivered by the Joint Civil Judge, Senior Division, Nagpur, on 28th day of April, 1980 in Special Civil Suit No. 96 of 1974 decreeing the plaintiffs claim by calling upon the original defendant Nos. 1(a) to 1(d) to execute a deed of assignment in favour of the original plaintiff upon their depositing Rs. 79,000/ - within two months and assigning all their legal rights in the suit plot in favour of the original plaintiff. Upon execution of such assignment deed the original defendant No. 2 was directed by the decree to execute the lease deed for a period of 30 years on revised ground rent of Rs. 4,000/ - per year commencing from 17th March 1974 in conformity with the conditions noted in the original lease -deed (Exh. 120). Appeal No. 95 of 1980 is filed by original defendant Nos. 1(a) to 1(d), whereas Appeal No. 96 of 1980 was filed by original defendant No. 2. Since both the appeals arise from a common judgment they are being heard and disposed of also jointly by this judgment. The facts alleged in the plaint are as follows:

(2.) THE plaintiff -Saroj Screens Private Ltd. is a Private Limited Company having its registered office at Amravati. Shankarlal Laxminarayan Rathi is the Managing Director of the said Company. It is in this capacity the plaint is signed and verified by him. The then Municipal Committee, Nagpur, had given a lease of plot No. 5 in the Patwardhan Ground Layout for a period of 30 years commencing from 17.3.1944 to the defendant No. 3 Seth Gopaldas Mohta vide indenture of lease dated 28.10.1944. The defendant No. 2 is the successor of the then Municipality of Nagpur. According to the plaintiff, the lease was in perpetuity renewable every 30 years.

(3.) SUBSEQUENTLY the defendant No. 3 and defendant No. 4 represented to the plaintiff that in a family partition the property in question was allotted to the defendant No. 4. Later the defendant No. 4 executed a deed of assignment in favour of the defendant No. 1 Parmanand Mundhada vide deed of assignment dated 12th August, 1960. Upon this transfer he accepted the rights of the plaintiff under indenture of lease dated 10th September, 1947 including the deposit amount of Rs. 5,000/ -. The plaintiff had acknowledged the defendant No. 1 as his lessor and had paid rent till end of March, 1975. The deed of assignment in favour of the defendant No. 1 also came to be registered with defendant No. 2.