1. CIVIL MISC. APPEAL NO.5086/08.

DEVI SAHAI MITTAL & ORS. VS. SITA RAM AGARWAL & ORS.

2. SB CIVIL MISC. APPEAL NO.3056/10.

RAJ. FINANCIAL CORPORATION LTD. VS. SITA RAM AGARWAL & ORS

1

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN BENCH AT JAIPUR

1. CIVIL MISC. APPEAL NO.5086/08.

DEVI SAHAI MITTAL & ORS. – APPELLANTS.

VS

SITA RAM AGARWAL & ORS – RESPONDENTS.

WITH

2. SB CIVIL MISC. APPEAL NO.3056/10.

RAJ. FINANCIAL CORPORATION LTD. – APPELLANT.

VS

SITA RAM AGARWAL & ORS – RESPONDENTS.

DATE OF JUDGMENT :

14TH DECEMBER, 2013.

HON'BLE MS. JUSTICE BELA M. TRIVEDI

IN SBCMA NO. 5086/08

Mr. Ashok Mehta, senior counsel with

Mr. Devendra Sharma for the appellants.

Mr. A.K. Sharma, senior counsel with

Mr. Rachit Sharma for the respondent No.1.

Mr. Anuroop Singhi with

Mr. Saurabh Jain for the respondent No.3-RFC.

IN SBCMA NO. 3056/10

Mr. Anuroop Singhi with

Mr. Saurabh Jain for the appellant.

Mr. Ashok Mehta, senior counsel with

Mr. Devendra Sharma and .

Mr. A.K. Sharma, senior counsel with

Mr. Rachit Sharma for the respondents.

JUDGMENT

BY THE COURT :

1.

Both the appeals arise out of the

impugned order dated 25.10.08 passed by

the Addl. District Judge (Fast Track)

No.3, Jaipur City, Jaipur (hereinafter

referred to as 'the trial court') in the

1. CIVIL MISC. APPEAL NO.5086/08.

DEVI SAHAI MITTAL & ORS. VS. SITA RAM AGARWAL & ORS.

2. SB CIVIL MISC. APPEAL NO.3056/10.

RAJ. FINANCIAL CORPORATION LTD. VS. SITA RAM AGARWAL & ORS

2

T.I. Application NO. 129/08, and,

therefore were heard simultaneously and

this common judgment is being passed.

2. The SBCMA No. 5086/08 has been preferred

by the appellants Devi Sahai Mittal &

Ors., whereas the SBCMA 3056/10 has been

preferred by the appellant Rajasthan

Financial Corporation Ltd. The appellants

of the SBCMA No. 5086/08 are the

defendant Nos. 1,2 and 4, the respondent

No.1 is the plaintiff, and the respondent

Nos. 2 to 4 are the defendant Nos. 5,6

and 3 respectively in the suit. For the

sake of convenience the parties shown in

the SBCMA No. 5086/08 shall be referred

as such hereinafter. The trial court vide

the impugned order dated 25.10.08 had

partly allowed the T.I. Application of

the respondent No.1-plaintiff and had

restrained the appellants i.e. the

defendants Nos. 1,2 and 4 from

transferring, alienating or creating

charge over the disputed premises and had

restrained the respondent No.2-defendant

No.5 from taking any action in respect of

the disputed plot and further restraining

the respondent No.3-defendant No.6, RFC

1. CIVIL MISC. APPEAL NO.5086/08.

DEVI SAHAI MITTAL & ORS. VS. SITA RAM AGARWAL & ORS.

2. SB CIVIL MISC. APPEAL NO.3056/10.

RAJ. FINANCIAL CORPORATION LTD. VS. SITA RAM AGARWAL & ORS

3

from auctioning or selling the disputed

plot pending the suit.

3.

The short facts giving rise to the

present appeal are that the respondent

No.1-plaintiff has filed the suit seeking

declaration, accounts, mesne profits in

respect of the respondent No.4-defendant

No.3 partnership firm, and cancellation

of lease deed in respect of the disputed

plot, against the appellants and the

respondent Nos. 2 to 4 alleging interalia

that the plaintiff was the proprietor of

the firm called M/s. S.R. Industries and

that the RIICO had allotted him a plot

bearing No. E-412 at Vishwakarma

Industrial Area, Jaipur admeasuring 4000

sq. meters on 25.4.72. Since the

plaintiff was working in the Bank and had

no financial resources to set up the

industry, he had entered into a

partnership with the appellant No.1-

defendant No.1 Shri Devi Sahai Mittal by

executing the partnership deed on 7.8.73

in the name of M/s. S.R. Industries i.e.

the respondent No.4. The said partnership

firm was also got registered under the

Partnership Act with the Registrar of

1. CIVIL MISC. APPEAL NO.5086/08.

DEVI SAHAI MITTAL & ORS. VS. SITA RAM AGARWAL & ORS.

2. SB CIVIL MISC. APPEAL NO.3056/10.

RAJ. F