LAWS(CAL)-2009-6-18

SUPROVA BASU Vs. MOHIT MAHALANOBIS

Decided On June 15, 2009
SUPROVA BASU Appellant
V/S
COL. MOHIT MAHALANOBIS (RETD.) Respondents

JUDGEMENT

(1.) Suprova and her two sons Himadri and Saumyendra instituted the suit on May 3, 1995 when the plaint was presented and admitted. They have made the following prayers:- "(a) Decree directing the defendant No. 1 to deliver back peaceful and vacant possession of the said flat fully described in annexure "A" hereto to the plaintiffs; (b) Decree directing the defendant No. 1 to submit a true and faithful account of the incomes earned by the defendant No. 1 by utilizing the said flat and/or portion thereof and a decree in favour of the plaintiffs and against the defendant No. 1 for the amount which would be found to have been earned by the defendant No. 1 by utilizing the said flat and/or portion thereof; (c) In the alternative, an enquiry be held to ascertain the amounts earned by the defendant No. 1 by utilizing the said flat and/or portion thereof and a decree be passed against the defendant No. 1 and in favour of the plaintiffs for the amounts which may be found due and payable by the defendant No. 1 to the plaintiffs on such enquiry; (d) Perpetual injunction restraining the defendant No.1, his servants, agents and assigns in any way dealing with and/or transferring and/or alienating and/or encumbering and/or creating any third part interest over and/or in respect of the said flat No.21B on the 21st floor of "Everest" No.46C, Jawharlal Nehru Road, Calcutta; (e) Temporary injunction; (f) Receiver; (g) Attachment; (h) Costs; (i) Further and/or other reliefs."

(2.) The schedule of the suit property appended to the plaint is as follows:

(3.) Mohit, the first defendant, is the administrator of the multistoried building called "Everest" at premises No.46C, Chowringhee Road, aka Jawharlal Nehru Road, Kolkata - 700 071. He was appointed by an order of this Court dated August 25, 1980 made in Suit No.343 of 1979 (Superintendence Company of India (Pvt.) Ltd. v. Western Building Corporation & Ors.). Originally, Western Building Corporation, a firm having its office at the same premises, was the other defendant. It was a proforma defendant. Mohit filed his written statement dated November 30, 1995 on December 1, 1995. The plaintiffs prayed for amendment of the plaint stating that in view of Western Building's dissolution it was necessary to add its former partner Manikrai Sujani Bharat (in short M.S. Bharat), because he was the person who played principal role in all the transactions between the parties. By an order dated April 11, 2002 the prayer was allowed. Consequently, M.S. Bharat was added and paras. 46A and 46B were inserted. M.S. Bharat filed his written statement dated November 7, 2002 on the same day. In February, 2003 he died. No step was taken for substitution. Mohit filed his additional written statement dated August 14, 2002 on May 13, 2004.