RAMNIKLAL TULSIDAS KOTAK Vs. VARSHA BUILDERS

JUDGEMENT

(1.) THIS notice of motion is taken out by the plaintiffs for appointment of Court Receiver, High Court, Bombay, as receiver of the suit land described in Exhibit A to the plaint, for an interim injection restraining defendants Nos. 1 to 13 from carrying on any construction work on the suit land or creating any third party rights in respect thereof or any structure which may be put thereon and also for an interim injunction retraining 14th defendant. Corporation from issuing Completion Certificate or Occupation Certificate in respect of any construction put up on the suit land or any part thereof and for costs of the notice of motion.

(2.) RELYING on the registered deed of conveyance dated 12th September, 1966 duly executed by defendants Nos. 4 and 6 for valuable consideration, copy whereof is annexed as Exhibit C to the plaint, the plaintiffs have filed this suit for a declaration that the plaintiffs are owners of the suit land i. e. the land bearing Survey No. 198 Hissa No. 7 situate in the village of Dahisar, Taluka Borivli, described in Exhibit A to the plaint and shown on the plan at Exhibit B to the plaint. The plaintiffs have sought a further declaration to the effect that none plaintiffs Nos. 1 to 13 have any right, title or interest in the suit land or part thereof. The plaintiffs have sought a declaration to the effect that the various documents relied on by defendants Nos. 1 to 13 referred to in prayer (c) of the plaint are null and void and also a decree for possession, mandatory injunction and various other reliefs. The plaintiffs have sought compensation/mesne profits from defendants Nos. 1 to 13 for their acts of trespass on the suit land in the sum of Rs. 27,26,000/- and a further sum of Rs, 72,000/- per month and various other reliefs. The plaintiffs have south a permanent injunction restraining defendants Nos. 1 to 3 from putting up construction of the suit land or continuing to put up the same. The plaintiffs have sought an order directing the 14 defendant-Corporation-to the effect that the sanction already granted for development on the suit land be suspended and the Municipal Corporation be restrained from issuing Completion Certificate or Occupation Certificate in respect of the structure put on the suit land or any part thereof.

(3.) THE matter was extensively argued. Written submissions have been filed. Compilations have been filed. The relevant facts are short and simple as would be obvious from narration thereof hereinafter.