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2001 Supreme(Bom) 768

A.B.PALKAR
Kalpana Gopalkrishna Singhania & others – Appellant
Versus
Naresh M. Kabra – Respondent


JUDGMENT - A.B. PALKAR, J.:---This is a suit for eviction and recovery of mesne profits. Plaintiff No. 2 is a joint stock company registered under the Companies Act and original plaintiff No. 1 was at all material times Managing Director of the company. Original plaintiff No. 1 died intestate on 3-1-1980 during the pendency of the suit and his heirs plaintiffs 1-A to 1-D are brought on record. Plaintiff No. 1 is member/shareholder of the Shankar Sagar Co-operative Housing Society holding five shares and the society has allotted as such member a flat bearing No. 44 on the 7th floor of the said building Shankar Sagar situated at Bhulabhai Desai Road, Bombay, Original plaintiff was holding the aforesaid shares and the beneficial interest in the said flat No. 44 as a nominee for and on behalf of plaintiff No. 2 Company. The said shares and beneficial interest in the flat are the assets of the company.

2. Late Lala Kailaspath Singhania was the uncle of original plaintiff No. 1. His daughter Amarpali got married to defendant on 15-12-1968. At the request of Lala Kailaspath Singhania and his daughter Amarpali, original plaintiff No. 1 (since deceased) allowed by way of a temporary arrangem




















































































































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