1. The appeal is directed against the order dated 22-10-2011 passed in Civil Suit No. 1711 of 2010 below Ex. 6 passed by the Learned City Civil judge , City Civil Court Mumbai rejecting the plaint under order 7 Rule 11 (d) of the Code of Civil Procedure.

2. The plaintiff claimed as transferee, occupant and ownership of the premises being Room No. 3, Mahavir Building. According to the Plaintiff there was a clause 10 of reconveyance in earlier written agreement for Sale dated 31-03-1957 between Occupant Kishorbhai Premchand Shah and charitable Trust (Defendant no. 1). The Trust issued notice to the Plaintiff on 04-07-1988 to enforce clause 10 of the agreement offering sum of Rs 1575/- by cheque and sought reacquisition of the suit premises on the basis of clause 10 and offered monthly tenancy of the suit premises at the rate of Rs 50/- to the Plaintiff. The Plaintiff rejected the offer of tenancy, disputing the right of the Trust under clause 10 of the Agreement dated 31-03-1957 to re-conveyance of suit premises.

3. It is case of the Plaintiff that plaintiff took objection after the Trust decided to dispose off it’s property by a Public notice dated 28-01-2009 published in ‘M