VIJAYSINGH RAJASINGH VARMA Vs. VISHINKUMARI UDAYSINGH VARMA

JUDGEMENT

(1.) One Rajasingh was the owner of several proporties in Bombay and Thane, out of which one property comprising of about 121 acres of land is situated at Majewadi, Thane. That is the subject matter of this appeal. Rajasingh died on December 12, 1971. He had two wives; one Laxmi who died in 1945 and the other Parvati. From his first wife he had a son and two daughters viz. Udaysingh (son) and Sushila and Ramavati (daughters). From his second wife also he had a son and two daughters viz. Vijaysingh (son) and Anita and Pramila (daughters). Udaysingh died on April 12, 1985 leaving behind his widow and 4 children. This suit has been filed by Vijaysingh as against the widow and the children of Udaysingh. Defendant No. 1 is the widow of Udaysingh and Defendant Nos. 2 to 5 are the children of Udaysingh. Defendant No. 8 is the mother of the plaintiff Defendant Nos. 9 and 10 are the sisters of the plaintiff while defendant Nos. 11 and 12 are the steps-sisters of the plaintiff i.e. direct sisters of Udaysingh. Defendant No. 6 is a partnership concern. Defendant No. 7 is said to be the person who has entered into an agreement with defendant No. 6 for the purpose of purchase and development of the suit property. Defendant No. 13 are the builders who have in turn entered into an agreement with defendant Nos. 6 and 7 for the purpose of development of a portion of the suit property.

(2.) The plaintiff instituted the suit in the Court of Civil Judge Senior Division, Thane, being Special Civil Suit No 230 of a declaration that the suit property is the self-acquired property belongs to the plaintiff and his mother exclusively. In the alternative he has prayed for a declaration that the plaintiff has 8/28 share in the suit property and consequently he has asked for partition and possession. In the further alternative he has asked for cancellation of certain documents whereby some time in September 1966 the property has been agreed to be sold to defended No. 6. There is also prayer in the further alternative that if the Court holds that there is a partnership, in that event the plaintiff and his mother would also have a share in the suit property. There are various other prayers for cancellations of certain documents some of which I shall presently deal with, to the extent it is necessary for the purpose of disposing of this appeal.

(3.) This suit was filled some time in the month of May 1987. Soon thereafter on May 29, 1987 the plaintiff made an application for grant of temporary injunction restraining defendant Nos. 1 to 7 and 13 from developing the suit properly and /or from in any manner acting in pursuance of certain agreements which defendant No. 6 etc. The prayer also included a prayer for injunction restraining the defendants from dealing with disposing of , alienating parting with possession of or creating any third party interest in respect of the suit property.