DAULATBANOO SADRUDDIN NANAVATI Vs. TAZALDIN SADRUDDIN NANAVATI

JUDGEMENT

(1.) By this notice of motion, the applicant (original plaintiff) seeks a judgment on admission under Order XII Rule 6 of the Code of Civil Procedure, 1908 in terms of prayer clause (a) of the plaint, by way of a preliminary decree on admission in terms of Order XX Rule 18(2) of the Code of Civil Procedure, 1908 and seeks further declaration that the plaintiff along with defendant nos.1 to 4 on one hand and the defendant nos.5 to 8 on the other hand have undivided 1/2 share in each of the properties described firstly to sixthly in the schedule, Exhibit "A" to the plaint and seeks further reliefs for partition of those properties by appointing a commission under Order XXVI Rule 13 of the Code of Civil Procedure, 1908. Some of the relevant facts for the purpose of deciding this notice of motion are as under :

(2.) The plaintiff is a widow of late Sadruddin Mohamed Nanavati (for short "late S.M. Nanavati"). The defendant nos.1 to 4 are the sons and daughters of the plaintiff and late Sadruddin M. Nanavati. The defendant nos.5 to 8 are the sons and daughters or lineal descendants of late Abdul Aziz Fazalbhai Rajwani (for short " late A.F. Rajwani").

(3.) It is the case of the plaintiff that S.M. Nanavati with A.F. Rajwani were jointly associated in real estate business from early 1060 till 1990 and had acquired various properties jointly. Both of them had also constituted a partnership firm vide a Deed of Partnership dated 10th November, 1969 in the name of Nanavati Construction Company, which was duly registered. S.N. Nanavati died on 9th February, 1999. A.F. Rajwani died on 10th July, 2015. The plaintiff and defendant nos.1 to 4 are the legal heirs and representatives of late S.N. Nanavati. The defendant nos.5 to 8 are the legal heirs and representatives of late A.F. Rajwani. In view of the death of S.N. Nanavati on 9th February, 1999, the partnership firm i.e. Nanavati Constitution Company stood dissolved. It is the case of the plaintiff that the assets which the erstwhile partners of Nanavati Constitution Company held insofar as Baitul Karim property and residuary rights in J.D. Alves's property were held by the plaintiff and the defendant nos.1 to 4 as the co-owners with late A.F. Rajwani during his life time. On the death of A.F. Rajwani on 10th July, 2015, the said assets i.e. Baitul Karim property and residuary rights in J.D. Alves's property of the Nanavati Constitution Company are jointly held by the plaintiff and the defendant nos.1 to 4 on the one hand and the defendant nos.5 to 8 on the other hand as co-owners.