JAINARAYAN R AGARWAL Vs. SEVARAM R AGARWAL

JUDGEMENT

(1.) The suit is filed for a declaration that a deed of family settlement and distribution of the property dated 20.11.1981 executed between Plaintiff No.1, Defendant No.1 and their brothers is valid, subsisting and binding between the parties ; for a declaration that a deed of partnership dated 18.6.2002 and a deed of retirement in respect of the suit business -M/s.Queens Wine Centre, being carried on from the suit premises and about twenty other documents all dated 18.6.2002 are valid, subsisting and binding. Various consequential reliefs based on the aforesaid documents have been sought. The Plaintiffs have sought an order restraining the Defendants from interfering with their use, occupation and possession of the business premises and for orders directing Defendant No.1 to perform his obligations under the aforesaid documents/deeds. The main relief for the purpose of the present Notice of Motion is for an order directing Defendant No.1 to perform all acts in accordance with the said documents including those necessary for transferring the excise licences issued by the Collector of Mumbai, in the name of Defendant No.1 bearing Nos.FL II 62 and CL/FL/TOD III 115 in favour of the Plaintiffs, for constituting the Plaintiffs as the holders thereof and for an order that two general powers of attorney executed by Defendant No.1 (Exhibit "D" and "E" to the plaint) may be acted upon by the Plaintiffs inter-alia for renewal of the said licences and for the purposes of carrying on the said business of M/s.Queens Wine Centre. Certain other reliefs have also been sought to enable the Plaintiffs to operate the said licences. The Plaintiffs have further sought an order restraining Defendant No.1 from creating any third party rights in respect of the suit premises, the said licences and for running/conducting/carrying on the said business without the Plaintiffs' prior permission.

(2.) Plaintiff No.2 is the wife of Plaintiff No.1. Plaintiff No.1 and Defendant Nos.1 and 2 are brothers. Defendant Nos.3 to 20 are heirs of two pre-deceased brothers of Plaintiff No.1. Defendant Nos.2 to 20 have not disputed the Plaintiffs' claim. Defendant No.1 is the only contesting party.

(3.) A deed of family settlement and distribution of the properties (hereinafter referred to as the Family Settlement) dated 20.11.1981 was executed between all the brothers including Plaintiff no.1 and Defendant No.1. The properties belonging to the family were distributed between the parties to the agreement. I will refer only to that part of the family settlement which relates to the subject matter of this suit. In the Family Settlement Plaintiff No. 1 is referred to as "Party No.3" and Defendant No.1 is referred to as "Party No.5." Clause 1 and the relevant part of clause 5 of the Family Settlement read as under :