- (1.) This Civil Revision under section 115 of Code of Civil Procedure is preferred by the defendant against the order dated 11.3.2014 passed by the Additional District Judge (Court No.3), Agra in Original Suit No. 844 of 1995 whereby he has decided the issue no. 8 and 9 in favour of the plaintiff rejecting the objection of the defendant in respect of jurisdiction of the civil court over the disputed property.
(2.) Briefly stated the facts of the case are that the respondent/plaintiff instituted a Original Suit No. 844 of 1995 in the court of Civil Judge, Agra for possession over the property in suit and the mesne profit. The plaintiff case is that it is a Company duly registered under the Indian Companies Act, 1956, having its head office at Kolkata. The plaintiff claims that one of its Director Shyam Sunder Taparia purchased a plots No. 82(M), 83(M)/1(M),84-A(M), 85-A(M), 86-A(M), 87-A(M), 88(M) measuring 3 bighas 7 biswas 8 bsiwansis situated at Mauza Chhalesar/Bholai Mohammadpur, Teshil Etmadpur, district Agra. The Company was incorporated on 23.5.1973. Shyam Sunder Taparia later on relinquished the land in favour of the Company after its incorporation. Shyam Sunder Taparia stood in fiduciary relationship in relation to the plaintiff. In fact the property in question was owned by the plaintiff Company.
(3.) Since from very beginning the land has been used for the plaintiff factory and has never been used for agriculture. It is stated that the land was mortgaged with the Central Bank of India. Due to some dispute the factory was closed in the year 1980. It is stated that after insolvency of 1991, when Satya Narain Taparia visited the factory unit he found that the defendant no. 1 to 6 are running their business under the name and style of defendant no.7 M/s Salig Ram Food & Allied Industries Pvt. Ltd. On inquiry they failed to show any document for approval of title in their favour. Hence, he filed the present suit.;