BOMBAY FORGING LIMITED Vs. MESSERS MANILAL AND SON

JUDGEMENT

(1.) By this Appeal, an exception is taken to the judgment and order dated 26th June, 2015 passed by the learned single Judge on a Chamber Summons taken out for rejection of the Plaint. By the impugned order, the learned single Judge held that the suit was barred and, therefore, the learned single Judge proceeded to reject the Plaint under Clause (a) of Rule 11 of Order VII of the Code of Civil Procedure, 1908 (for short "the said Code").

(2.) With a view to appreciate the submissions made by the learned senior counsel representing the parties, a brief reference to the facts of the case is necessary.

(3.) The suit property is described in the Exhibit - A to the Plaint. The case made out by the Plaintiff is that the suit property is owned by the Defendant. Reliance is placed on a Deed of Lease executed on 4th April, 1972 by the predecessor of the Defendant. It is contended that under the said lease, the suit property was leased to the Plaintiff for a period of 30 years from 16th February, 1972 on the terms and conditions incorporated therein. In the Plaint, reliance is placed on the Clause 5 of the Deed of Lease dated 4th April, 1972 which reads thus: