R.D.DHANUKA
Export Credit Guarantee Corporation of India Ltd. – Appellant
Versus
T. Mathew the Settler and Trustee of P. M. T. Family Trust – Respondent
1. By this notice of motion, defendant No.3 seeks rejection of plaint under Order VII Rule 11 of Code of Civil Procedure 1908 on various grounds. Some of the relevant facts which emerge from the plaint and the affidavits filed by the parties are as under:
2. Defendant Nos.1 to 3 are the trustees of a private family trust known as PTM Family Trust incorporated under the deed of settlement dated 5th September 1979 (hereinafter referred to as the said trust). In the year 1980, defendant Nos.1 to 3 approached the plaintiff with a request to advance monies to the said trust to purchase certain properties in a building viz. Dalamal House and offered that upon purchase of the said properties, the said properties would be let out to the plaintiff for a period of 20 years with other rights. Plaintiff advanced a sum of Rs.93,93,420/- in the form of deposit to the said trust to enable it to buy certain premises in the said building Dalamal House. On 15th May 1980, the plaintiff and defendant Nos.1 to 3 entered into an agreement of lease by which the defendant Nos.1 to 3 gave on lease to the plaintiff the premises Nos.21 and 22 and for a period of 20 years at monthly rent of Rs.3.125/
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