AMBALAL MAGANLAL PATEL Vs. INDUMATI NARAYAN MOHILE

JUDGEMENT

(1.) ORDER :- This is plaintiffs' motion for receiver and injunction pending their suit for specific performance and in the alternative for damages.

(2.) HEARING Counsel on either side and going through the affidavits and considering the facts and circumstances of the case, I find no merit in this motion. Few facts and circumstances need to be stated. By agreement dated 5th September 1977 between defendants Nos. 1 and 2, who were the then joint trustees of the family trust created for the benefit of the minors Sanjay and Ajay, sons of Avinash Mohile, as the vendors on the one part, and the plaintiffs as the purchasers on the other, defendants Nos. 1 and 2 agreed to convey and sell to the plaintiffs the suit property situated at Swami Vivekanand Road, Bandra, Bombay ad measuring. about 900 square metres for a lump sum consideration of Rs. 1,00,001/ -. Towards the said consideration, plaintiffs advanced Rupees 35,000/ -. In September 1980 defendant No. 1-A attained majority. In October 1980 defendants Nos. 1 and 2 by a registered deed, as, per the terms of the trust deed; transferred the trust fund to defendant No. 1-A. Thereafter defendant No. 1-A entered into an agreement of sale of the suit property in July 1981 with one Narendra Bhatia. This agreement was entered into by defendant No. 1-A for himself and as guardian of his minor brother defendant No. 1-B, for a consideration of Rs. 4,50,000/- in addition to 2000 sq. ft. built up area being provided to these defendants and their family members free of cost in the developed property. Defendant No. 1-A thereafter filed a miscellaneous application under Ss. 7 and 29 of the Guardians and Wards Act in the District Court at Pune which by its order dated 2nd January 1982 granted the said application and appointed defendant No. 1-A as guardian of defendant No. 1-B as also permission to sell on terms and conditions mentioned therein. After this permission from the District Court, defendant dant No. 1-A executed registered sale deed in favour of Narendra Bhatia on 3rd February 1982. Defendant No. 1-A handed over possession of part of the suit property in his possession and attorned the tenants to the purchaser Narendra Bhatia. Defendants Nos. 1-A and 1-B were provided with alternative accommodation. The purchaser also paid full consideration of Rs. 4,50,000/- to the said defendants. Narendra Bhatia also entered into arrangements with the tenants, who pursuant thereto vacated portion of the suit property in their respective occupation. The purchaser also obtained I. O. D. and commencement certificate from the Bombay Municipal Corporation. He also put up construction up to the third slab level. He also entered into agreements of sale of flats in the new construction with as many as fourteen parties. He spent considerable amount in providing alternative accommodation to the former tenants.

(3.) IN the meanwhile, the plaintiffs filed the instant suit though the plaint was lodged in September 1980 it was admitted to the file on 20th March 1981. Plaintiffs took out notice of motion for receiver and injunction. The said motion was, however, disposed of in 1984 itself by Lentin, J. as the plaintiffs did riot desire to proceed with the same. Thereafter the plaintiffs took no action till the present motion was taken out some time in January 1989. Sujata Manohar, J. declined to grant ad interim relief on this motion observing-