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1992 Supreme(Bom) 12

M.L.PENDSE, S.H.KAPADIA
Amirchand Tulsiram Gupta and others – Appellant
Versus
Vasant Dhanaji Patil & others – Respondent


Judgment

M.L. PENDSE, J.:---This is an appeal preferred by the original plaintiffs against judgment dated April 30, 1981 delivered by learned Single Judge in Suit No. 260 of 1974 dismissing the plaintiffs' suit for declaration of title and recovery of possession with the incidental reliefs in respect of six pieces of lands situated at Bhandup in Greater Bombay. The appellants are the Trustees of the Tulsiram Devidayal Charitable Trust, a Trust registered on July 9, 1953 under the Bombay Public Trusts Act, 1950. Respondent No. 11 is the brother of appellant No. 1 and is a co-trustee and was joined as defendant No. 11 to the suit in pursuance of an order dated January 6, 1981 passed by the learned Judge granting amendment of the plaint.

2. The plaintiffs claimed that by registered Deed of Conveyance dated August 14, 1957 a piece of land admeasuring 14,017 sq. yards situated at Bhandup was purchased from Dwarkadas Hiraji Keni for a consideration of Rs. 42,501/-. The sanction for purchase of the property was secured from the Charity Commissioner on August 6, 1963. The Trustees also purchased adjoining plot of land admeasuring 37,883 sq. yards from Hirjibhai Dinshaw Billimoria by register
















































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