LAXMI HOUSING UDYOG PVT. LTD Vs. SHARAD SUBRAMANYAN

JUDGEMENT

(1.) These three Revisional applications are directed against the identical orders passed by the learned 2nd Court of the Civil Judge (Junior Division) at Alipore on 17-08-2013 in Title Suit Nos. 9011, 9017 and 9022 of 2012 of his Court.

(2.) By way of the aforesaid Orders, the learned Civil Judge was pleased to reject the applications filed on behalf of the original defendants, who are the petitioners here, under Order 7, Rule 11 of the Civil Procedure Code. The suits were filed by the opposite parties who happen to be two full brothers in their personal capacities, as well as members of an HUF, and Trustees, for protection of their alleged rights as Owners/Lessees or Trustees in respect of each individual Floor which is the subject matter of each the three separate suits, of the three-storied premises located at No. 13/1 Promotesh Barua Sarani, Calcutta - 700 019. They had sought negative declarations to the effect that the defendant No. 1 had no manner of right, title and interest in the said premises on the basis of any instruments or conveyance deeds executed in its favour by the other defendants who are the reversionary legatees of the Will of the deceased original owner namely K. K. Mitra. Their further claim in the three Suits was that the widow and legatee of the said K. K. Mitra, namely Smt. Reba Mitra, since deceased, who after having succeeded to the properties in question as the owner in her own right, had then conveyed the same in favor of the plaintiffs by way of a separate Will and other instruments/conveyance deeds during her lifetime.

(3.) The basis of the claim raised by the plaintiffs in relation to their own right, title and interest is contained in the following identical plea in paragraph No. 10 of the plaint in each of the aforesaid three Title Suits, which is set out as follows:-