BIJAY KUMAR JHUNJHUNWALA Vs. JAYA JHUNJHUNWALA

JUDGEMENT

(1.) In a suit for declaration and injunction in relation to a deed of conveyance of an immovable property, the plaintiff has sought interim relief in this application.

(2.) Learned Senior Advocate appearing for the plaintiff has submitted that, one Smt. Rukmani Devi and Smt. Suwati Devi had jointly purchased an immovable property lying and situate at premises No. 228 A, Chittaranjan Avenue, Kolkata - 700 006 on May 8, 1940. By reason thereof they had become the joint owner of such property. Such owners had constructed a five-storied building thereon. On May 14, 1948, Smt. Suwati Devi and her husband adopted the plaintiff as their son. Such adoption had been recorded by a registered deed dated October 14, 1950. The husband of Smt. Suwati Devi died on October 14, 1950 leaving behind his last registered will and testament dated October 14, 1950. On May 10, 1978, Smt. Suwati Devi had died leaving behind her registered will and testament dated October 14, 1950. The right, title and interest of Smt. Suwati Devi in respect of the immovable property concerned had devolved upon the plaintiff. During the lifetime of Smt. Suwati Devi, the other co-owner of the immovable property, Smt. Rukmani Devi had transferred her half share in the property concerned in favour of Smt. Krishni Jhunjhunwala by registered deed of gift dated September 29, 1953. Smt. Krishni Jhunjhunwala had died on March 13, 1980 leaving behind a will dated January 15, 1980. By such will, Smt. Krishni Jhunjhunwala had bequeathed her undivided one- half share in respect of the property concerned in favour of the wife of her grandson Sri Sharad Jhunjhunwala. Probate in respect of the will of Smt. Krishni Jhunjhunwala had been granted on September 14, 1998. By a registered deed dated May 21, 2009, executor of the will of Smt. Krishni Jhunjhunwala transferred the one-half share in the property concerned to the first defendant. Consequently, the plaintiff and the first defendant had become joint owners of the immovable property concerned each being entitled to half share therein.

(3.) The plaintiff and the first defendant had entered into an agreement dated May 31, 2000, partitioning the said property. The plaintiff and the first defendant had been enjoying their respective portions of such immovable property peacefully. In April 2017 the plaintiff come to learn that Kotak Mahindra Bank Limited had initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in respect of the property. Such secured creditor had issued a possession notice. The plaintiff had protested against such actions taken by the secured creditor. The secured creditor had not responded to the letters written on behalf of the plaintiff. Since the secured creditor had not taken any steps, the plaintiff did not avail of his remedies under the Act of 2002.