M J BUILDERS Vs. AZIZ MOOSA

JUDGEMENT

(1.) SEVERAL parties have been claiming in several capacities the land which initially stood admittedly in the name of one Haji Abdul Sattar Ali Mohammed Chamadia (in short Haji) since 5th November 1960 under the Conveyance executed in his favour on that date. There have been 3 suits filed by 3 such parties claiming the said property. The above 2 suits are

(2.) OF them. The 3rd suit was filed by one Aziz Moosa being Suit No.1035 /1990, which has been dismissed for default of his appearance upon non- prosecution of his claim. 2. The above 2 suits have been filed against various parties also claiming diverse rights in the suit property. Several Defendant s have since given up their defence. The main 3 contesting parties are the Plaintiff in Suit No.1056 / 1987 one is a Builder and Developer and who claims interest in the suit property initially from an Agreement for Sale dated 20th December 1978, which culminated in a Consent Decree with the successors in title of the aforesaid Haji under a Consent Decree passed by this Court on 10th June 1982. The other claimant is Defendant No.6 in the aforesaid Suit No.1056 / 1987 who initially claimed fishing rights in the suit property followed by an option to purchase the said property, which he claims to have exercised during the life time of the Haji. The

(3.) THE Plaintiff in Suit No.1056 / 1987 shall be referred to as the Builder. The Plaintiff in Suit No.3202 / 1989, who is also Defendant No.9 in the other suit, shall be referred to by his name Jumman. The Defendant No.6 in the suit of the Builder (and who has not filed any suit himself) shall be referred to by his name Koli.