ARVIND AUTOMOBILES PVT. LTD. Vs. SUNILKUMAR RAMBHAI PATEL
LAWS(GJH)-2013-3-400
HIGH COURT OF GUJARAT
Decided on March 19,2013

Arvind Automobiles Pvt. Ltd. Appellant
VERSUS
Sunilkumar Rambhai Patel Respondents


Referred Judgements :-

BANKEY BIHARI VS. SURYA NARAIN ALIAS MUNNOO [REFERRED TO]


JUDGEMENT

S.G. Shah, J. - (1.)XXX XXX XXX
(2.)XXX XXX XXX
The plaintiff has filed a suit being Special Civil Suit No. 182 of 2011 before the Civil Court, Anand for declaring his right and title over the suit property with interim relief to restrain the defendant from further alienating and transferring the suit property or creating any lien on the suit property in any manner what so ever. Such application Exhibit 5 was allowed by the impugned judgment and order dated 06.12.2012 whereby defendants being present appellants are restrained from disposing or alienating the suit property in any manner or to create any lien on the suit property till disposal of the suit.

(3.)THE sum and substance of the plaintiff's case is to the effect that father and mother of the plaintiff had entered into partnership business with Arvindbhai Patel being uncle of the plaintiff.
4.1 It is further contended that such partnership firm has initiated its business in the name of partnership firm - India Automobiles. It is further contended that such partnership firm has purchased the suit property in the joint names of (1) Patel Ratilal, father of the plaintiff, (2) Arvindbhai Patel and (3) Sunilkumar Rambhai Patel but at the relevant time since plaintiff was minor, his name was not disclosed in the sale transactions. However, after the death of his father on 13.02.1979, name of plaintiff is added in the revenue record as a legal heir of his deceased father in the year 1985 and till then he was holding the property as a joint owner. However, business of the partnership firm was being taken care by his uncle Arvindbhai - defendant. It is further contended that since plaintiff and his father are not involved in partnership firm, his uncle Arvindbhai has created one deed regarding partnership dated 01.10.1976 disclosing that Rambhai and Ratilal are retiring from such partnership. However, though such retirement deed is not valid and genuine, Arvindbhai has entered into one, family settlement on 05.01.2003 confirming right and title of the suit property wherein it is categorically stated that suit property is owned by plaintiff and therefore it was assigned to him by such family agreement and in turn revenue entry was made in revenue record.

4.2 Therefore, at present plaintiff has contended that he has got absolute right as owner over the suit property, which defendants are trying to dispose of, since they are holding it jointly. Hence, present interim application, which is allowed as aforesaid.



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