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1992 Supreme(Bom) 566

S.M.DAUD
Bomi Munchershaw Mistry – Appellant
Versus
Kesharwani Co-operative Housing Society Ltd. and others – Respondent


Judgment

S.M. DAUD, J.:---This is a suit for a declaration and cancellation vide conveyance marked Ex. J admitted for registration on 30-11-1967 and passed in favour of defendant 1 by defendant 2 in his capacity as the Court appointed Receiver of the estate of his brother, the late Ratanchand Hirachand.

2. Ratanchand, the father of defendants 3A and 3B, was the owner of a large piece of land measuring near about 6000 to 7000 sq.yds of land with a bungalow, outhouse, guesthouse, servants quarters and garages thereon on the Nepean Sea Road in Bombay. Out of the vacant portion to the south-coast, an area of less than 600 sq.yds. was sold by Ratanchand to a trust on 20-3-1951--the conveyance being at Ex. B. The settlers of the trust incorporated in a deed of 17-3-1951 were plaintiff's father Munchershaw, his uncle Kekobad and grandmother Dinbai. The deed vested a certain sum in trustees-Munchershaw, Kekobad, Maneckji and Khurshed--the last two, being the full brother and that brother's wife of the first two. The trustees used this money and more to acquire the vacant land hereinafter to be referred to as 'Maneckabad'. Under Ex.B certain convenants were given over the remaining property t






















































































































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