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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
IN The Matter Between : Vijay Jayantilal Patel; Shri Hari Ashram, through its Trustees – Appellant
Versus
Vijay Jayantilal Patel – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. This Interim Application is filed by Defendant No.1 seeking rejection of Plaint under Order VII, Rule 11(d) of the Code of Civil Procedure, 1908 (the Code).
2. Shri Hari Ashram is a Public Charitable Trust registered under the provisions of Bombay Public Trusts Act, 1950, (BPT Act) as it applies to the State of Gujarat. The Suit is filed by the Trustees on behalf of the Trust. By Indenture of Lease dated 10 September 1962, Jai Hind Co-operative Housing Society Ltd. (Society) granted lease of plot No.6 admeasuring 669.80 square meters bearing City Survey No.580 and being part of land bearing Survey No.70 of Juhu in Juhu Vile Parle Development Scheme, Mumbai Sub-urban District (the plot) for a term of 999 years with effect from 14 March 1962 in favour of Mr. Lalbhai Purushottamdas Shah and others. By Indenture of Assignment dated 6 September 1969, the lease in respect of the plot was assigned and transferred to Mr. Bhailal Chotalal Patel with the consent of the Society. Said Mr. Bhailal Chhotalal Patel constructed building comprising of ground plus three floors on the plot named ‘Usha Villa’. After Mr. Bhailal Chhotalal Patel passed away, his heirs Dr.
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