PURBANCHAL ESTATES PRIVATE LIMITED Vs. HIRALAL SARAWGEE

JUDGEMENT

(1.) The above appeals would relate to premises No. 3 Alipore Park Place being partly two storied and partly one storied building erected on the land measuring about 1 Bigha 6 Kathas and 5 Chataks and 20 square feet. Parties to the litigation being the five plaintiffs and one Mahendra Kumar Sarawgee were the owners of the building in question. According to the plaintiffs, the premises were valued at Rs.4 Crores.

(2.) The facts would reveal, one Munni Devi was the owner of the building to the extent of 9/16th share. Munni Devi was the grandmother of plaintiff No.1, 2 and defendant No.8. By a Deed of Family Arrangement dated November 20, 1933, the father of the plaintiff No.1 and 2 and defendant No.8 held undivided 5/16th share, balance undivided 2/16th share jointly belonged to plaintiff No.2, defendant No.8 and their mother Smt. Bhagwani Devi. Munni Debi died on October 22, 1942. Under her Will Bhagwani Devi got life interest whereas the plaintiff No.1, 2 and defendant No.8 would be entitled to undivided 9/16th share belonging to Smt. Munni Devi. Bhagwani Devi died on December 22, 1992. As per her Will she bequeathed her absolute interest to her grandsons Rabindra Kumar Sarawgee and Bharat Kumar Sarawgee as also Mahendra Kumar Sarawgee. Hiralal Sarawgee (Plaintiff No.1) was granted life interest under the said Will. After the death of Hiralal, Mahendra would get absolute ownership along with his sons Manish, Rabindra and Bharat. Bhagwani Devi appointed Rabindra as her executor. After the death of Bhagwani the plaintiff No.1 became the owner of 9/48th share in the said premises. Plaintiff No.2 also got 9/48th share so was the defendant No.8, plaintiff No.4 and 5 were the trustees under the Deed of Family Arrangement dated November 20, 1933. As trustee, they were entitled to balance 5/16th share. The executors to the estate of Munni Devi leased out the property vide an indenture of lease dated February 29, 1976 to one Durgadas Moondhra. The said lease expired by efflux of time when the Bhagwani, plaintiffs No. 2, 3, 4 and 5 and the defendant No.8 jointly filed a suit for recovery of possession. Durgadas also filed a suit for specific performance. Both the suits were heard analogously when the Learned Assistant District Judge, Second Court, Alipore directed recovery of khas possession. Durgadas filed an appeal wherein the Division Bench of this Court stayed the execution of the decree. Being aggrieved, Sarawgees filed a Special Leave Petition before the Apex Court, where the Apex Court imposed terms on Durgadas. The appeals were pending when the present suit was filed.

(3.) One Kishore Kumar Jhunjhunwala and Dilip Kumar Jhunjhunwala being the sister's son of the plaintiffs and the defendant No.8 coerced the plaintiff No.1 to agree to execute a Power of Attorney to deal with his share in the property. The plaintiff No.1 agreed to sell his undivided share at Rs.40 lakhs. It subsequently transpired he executed a Conveyance conveying his undivided share at a consideration of Rs.1.9 lakhs. Subsequently, there had been a Deed of Rectification curing the defects that were highlighted in paragraph 29 of the plaint.