PRAHLAD RAI DHANANIA Vs. NARAYANI DEVI DHANANIA

JUDGEMENT

(1.) This application has been filed at the instance of the defendant No.10 for rejection of the plaint on the ground that the plaint does not disclose any cause of action against the defendant No.10. It is stated that the suit is also barred by the laws of limitation.

(2.) The plaintiff has instituted the suit (CS No. 120 of 2011), inter alia, for a declaration that the deed of conveyance dated 11th March 2011 executed by the other cosharers of his branch is not binding on him. The plaintiff has also prayed for a direction upon the defendant Nos. 1 to 9 to execute and register a conveyance in respect of their undivided 9/44th share i.e. approximately 20.45% share in Premises NO. 46, Shakespeare Sarani, Kolkata 700 017, hereinafter referred to as "the suit premises". In the plaint it is stated that one Ramjidass Dhanania along with his three brothers, namely Dinanath Dhania (since deceased), Harkishan Das Dhanania (since deceased) and Shankarlal Dhanania (since deceased) during their lifetime remained the joint owners of the said premises, each having undivided 1/4th share in the suit premises.

(3.) In or about 2002, Ramjidass Dhanania claimed partition of the suit premises. The plaintiff and the defendant Nos. 1 to 9 in the instant suit are the legal heirs of Ramjidass Dhanania. During the pendency of the partition suit, on 26th April 2003, Ramjidass Dhanania died intestate. Thereafter, all rights, title and interest of the undivided 1/4th share of the said deceased in the suit premises devolved upon the plaintiff and the defendant Nos. 1 to 9 and the proforma defendant each acquiring undivided 1/44th share in the said premises. In the partition suit a preliminary decree was passed on 20th January 2005 by reason whereof the plaintiff and the defendant Nos. 1 to 9 and the proforma defendant each became the owner of 1/44th share in the suit premises. The partition suit is still pending.