Plaintiff who has filed suit for declaration that the plaintiff is entitled to 1/10th share of the assets and properties set out in the plaint, and for partition of the said properties by metes and bounds on the ground that all such properties were properties of the joint family, has prayed in this notice of motion for appointment of the Court Receiver in respect of the properties described in Exh. B and injunction in respect thereof. Some of the facts which emerge from the pleadings and documents filed by both the parties and which are relevant for the purpose of deciding this notice of motion are as under:

2. CASE OF THE PLAINTIFF:

(a) Plaintiff and defendant nos.1 to 8 are children of one Mr. Bhagwandas Ahuja who expired on 14th April, 1996 (hereinafter referred to as the “said deceased”). Defendant Nos. 1 to 4 are the brothers of the plaintiff. Defendant nos. 5 to 8 are sisters of the plaintiff. Defendant no. 9 to 11 are the children of the deceased sister of the plaintiff and defendant nos.1 to 4 and defendant nos. 12, 13 and 14 are the son, daughter in law and daughter of defendant no.1 respectively. Defendant nos. 15 to 19 are the companies in which plaintiff and/or defendants are share holders.

(b) During the period between 1942 and 1946, the said deceased was carrying on business of spices and dry fruits at Chaman in Pakistan. During the period between 1948 and 1969, the said deceased carried on business in partnership in the name of M/s. Moolchand & Co. at Bhat Bazar, Maszid Bundar, Mumbai 400 009. In the year 1948, the said deceased took a flat at Malad. In the year 1950, defendant no. 1 was born. In the year 1958, plaintiff was born. In the year 1969, M/s. Moolchand & Co. stopped its business as its partners were likely to face insolvency. The said deceased was one of the partners in the said firm M/s. Moolchand & Co. On 5th December, 1969, the said deceased started the firm “M/s. Kanayalal Rameshkumar” with defendant no. 1 who was his eldest son and had just attained majority, as partner. It is the case of the plaintiff that since the said deceased was likely to face insolvency proceedings he did not become partner of the said firm, however, was in control thereof throughout. On 20th February, 1970, the said firm M/s. Kanayalal Rameshkumar was reconstituted with effect from December, 1969 when other children of the said deceased who were then minor, were admitted to the benefits of the firm. The other partners in the said firm were Mr. Kanayalal and Ramchandra Lokram. The said firm started business of grocery at 257, Narsee Natha Street, 201, New Anant Bhavan, Mumbai 400 009. On 9th October, 1973 the said deceased was adjudicated insolvent. In the year 1976, from the earning of kirana commission business carried on by the said firm M/s. Kanayalal Rameshkumar partly and partly from the moneys advanced by Mr. Kanayalal to the said firm, flat at Jolly Maker Apartment at Cuffe Parade, Mumbai was purchased in the name of four brothers who had attained the age of majority. It is the case of the plaintiff that the said firm had directly made payment for consideration for purchase of the said flat. On 13th April, 1982, the said flat at Jolly Maker Apartment was sold for Rs.12,50,000/-.

(c) In June, 1982, another firm was constituted for carrying out kirana business in the name of M/s. Rameshkumar Gopaldas at the same address where M/s. Kanayalal Rameshkumar was carrying on the business. Defendant Nos. 1, 3 and 4 and plaintiff became partners of the said firm. It is the case of the plaintiff that the funds of the said partnership firm came from the surplus sale proceeds of the flat in Jolly Maker Apartment from the amount left after purchase of the said flats at Versova. In the year 1985, plaintiff and defendant nos. 1 to 8 started construction business in the name of United Development Agency at Vardhaman Market, Sector 17, Vashi. Kirana Merchants Association allotted plot at Navi Mumbai to the said firm M/s.