( 1 ) IN this Notice of Motion, in view of the provisions of section 9a of the Civil Procedure Code following two issues were framed as preliminary issues :- (i) Does the defendant No. 8 prove that the suit as framed and filed is barred by the law of limitation? (ii) Does the defendant No. 8 prove that the suit as framed and filed, in the absence of notice to the Corporation in terms of provisions of section 527 of the Bombay Municipal Corporation Act, is not maintainable?

( 2 ) AT the hearing the defendant No. 8 did not press issue No. 2 and therefore, issue No. 2 is answered accordingly.

( 3 ) THE contest between the parties was only on issue No. 1. The facts that are necessary and material for deciding issue No. 1 are that the plaintiff which is a Co-operative Housing Society claims that the entire land which is the subject matter of the suit was assigned to the plaintiff/society by registered Deed of assignment dated 25th March, 1969 by the original lessee of the land. The plaintiff/society is the owner of the building "advent" standing on part of the land. On other part of the land, partly constructed building "divya Prabha" stands. The dispute in a suit relates to this incompl

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