RUDHABHAI BHIMJI Vs. VEERA INDUSTRIAL ESTATE

JUDGEMENT

(1.) THIS motion is taken out by defendant no. 4 for rejection of plaint filed by the plaintiff under Order VII, Order 11 of Code of Civil Procedure, 1908 (CPC ).

(2.) THE plaintiff has interest in the property and claiming to be the owner. The defendants denying the same in view of the public notices and Consent Terms in Suit No. 784/1981 between defendant no. 1 and defendant no. 2, based upon the Agreement dated 7. 12. 1973. Defendant no. 2 brought the property in the partnership firm/defendant no. 3 which, subsequently, became defendant no. 4 in 1993, as averred. The Tax Recovery Officer, some time in the year 1986 held auction for sale of the suit property which was attached in view of the tax dues from the plaintiff. The plaintiff lodged objection to the public notice ied by defendant no. 4 as the owner of the property some time in the year 1994. The plaintiff filed Suit Stamp No. 4449/2001 (first suit) in the City Civil Court for declaration and injunction against the defendants with regard to the property in question. The plaintiff filed the present Suit and challenged specifically the Consent Terms dated 28. 04. 1981. Such declaration was not sought in the first Suit. The first suit filed by the plaintiff was dismid on 6. 1. 2004 for default. It is not restored yet.

(3.) ADMITTEDLY, the plaintiff was not party to the Consent Term dated 28. 04. 1981 filed by the defendants in Suit No. 784/1981. Admittedly, when Suit No. 784/1981 was filed by the respective respondents, the property in question was under attachment of Income Tax Department towards the respective tax dues of the plaintiff.