BATA INDIA LIMITED Vs. CHETKI PROPERTIES

JUDGEMENT

(1.) The revisional application arises out of an order dated September 30, 2019 passed by the learned Judge, Commercial Court at Alipore in Title Suit No.17 of 2019. By the order impugned, the learned Judge rejected the application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure filed by the defendant/petitioner. The opposite party No.1 who carries on business as a promoter and developer of multistoried building complexes, instituted the suit in respect of a portion of ground floor of the building at the premises known as Kohli Mansion, 54, Sayed Amir Ali Avenue, Ballygung, Kolkata-700019.

(2.) The petitioner filed an application under Order VII Rule 11 of the Code of Civil Procedure and prayed for rejection of the plaint on the following grounds:-

(3.) The learned Judge upon consideration of the plaint as a whole observed that the case of the plaintiff was that Kohli took possession of his allocated portion without making payment of Rs.3.25 crores and Rs.21.66 lakhs to be paid to the plaintiff/opposite party No.1, there being an equitable mortgage in respect of the said property. Kohli was not entitled to enter into and take possession of the said premises. That Kohli illegally and unauthorizedly converted four covered car parking space on the ground floor into a show room and constructed a large show room comprising of an area of approximately about 2600 Square Ft. and inducted the petitioner as a tenant of the said property without paying Rs.21.66 lakhs as consideration payable under an agreement.