UMESH JASHBHAI PATEL Vs. HARISHANKAR RAMCHANDRA MHATRE

JUDGEMENT

(1.) This Suit is filed by 5 plaintiffs claiming to have purchased the suit property from defendant No.1 who was stated to be the then owner of the suit properties. The suit property is stated to be an open plot of land. The plaintiff has sued for a number of reliefs from (a) to (t) being for declaration that certain agreement, conveyance, lease deed, powers of attorney between the plaintiffs and defendant No.1 are valid and subsisting and that certain agreement, sale deed, powers of attorney between defendant No.1 and defendant Nos.4 to 9 are null and void and not binding on the plaintiffs and for order for cancellation and impounding of those documents. The suit is also for declaration that a certain consent terms filed in another Court and is void and not binding on the plaintiffs and for prosecution of defendant Nos.4 to 10 for perjury with regard to those documents. The incidental reliefs are for executing the documents in favour of the plaintiffs by defendant Nos.1, 2 & 3 or the officer of the Court and for necessary injunctions against all the defendants against the transfer as also against entering upon and carrying on construction on the suit property and for mesne profits.

(2.) Whereas the plaintiffs claimed to have executed agreements and conveyance as also a lease deed with defendant No.1, 2 & 3, similar such agreements are stated to have been executed by defendant No.1 in favour of defendant Nos.4 to 9 and thereafter in favour of defendant No.10. The plaint is stated to be reconstructed as the original plaint is stated to be lost/misplaced.

(3.) Defendant Nos.1 to 3, who are the owners of the suit property, have not contested the suit at all as they have sold the suit property to the plaintiff as also defendant Nos.4 to 9 who in turn have sold the suit property to the developer, defendant No.10 who is the main contesting defendant.