Date: 04-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Mr. Sunny, intern advocate for advocate Mr.Sagar Kasar for Plaintiff present.
Advocate Mr. Deepak Chitnis for Defendant present and submitted that this NM is taken out for re-casting of issues and Plaintiff has not filed reply to the Notice of Motion.
Defendant\''s advocate is directed to point out the court the specific pleadings from Written Statement about the contentions that this Court has no jurisdiction to entertain the suit and furtehr Defendants advocate should point out the Court that whether it is pleaded in Written Statement that lat Mr. Kantilal H. Jain and late Smt. Chandrabhaga H. Jain were the tenants in respect of entire third floor premises in Sundarbhawan building since 1971. It is made clear that this court can not and will not frame the issue that whether Small Causes Court has the jurisdiction to decide the reliefs claimed in this suit, because this court can not either withdraw or confer the jurisdiction to any of the court and such jurisdiction is only confer by the law of the land. It is also made clear that proposed issue no.4 can be framed only pleadings about jurisdiction of the court will be brought to the notice of the court. As such, case is adjourned to 03/08/2019 for Plaintiffs argument about NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Advocate Mr. Amol Wagh h/f Adv. Mr.Sagar Kasar for Plaintiff present and submitted that advocate Mr. Kasar has discharged himself from the matter and he is returning the documents to Plaintiff. Plaintiff is not present today.
Defendant present and submitted that advocate Mr. Deepak Chitnis is on the way, hence matter may be kept back.
Argument of Defendant in respect of NM no.2362/19 are already part heard and Defendants advocate is already directed to point out his pleadings about the additional issues which are sought to be framed.
K.B.
L.O.
Advocate Mr. Deepak Chitnis for Defendant present and filed written notes of arguments, t.o.r.
Heard.
F.R.S.R. following order has passed-
ORDER
1. Notice of Motion no.2362 of 2019 is made absolute partly.
2. Prayer for framing proposed issue no.3 and 5 referred in Notice of Motion is allowed.
3. Prayer for framing additional issues i.e. proposed issue nos.1,2,4 and 6 referred in Notice of Motion stand rejected.
In view of order in Notice of Motion no.2362/19 following additional issues are framed -
A D D I T I O N A L I S S U E S
1. Whether the Defendants prove that late Mr. Kantilal H. Jain and late Smt. Chandrabagha H. Jain were the tenants in respect of the entire 3rd floor premises in Sunder Bhuvan Building since the year 1971
2. Whether the Defendant no.1 proves that he had made part payment of the purchase price for purchase of the suit property on 21st March 1980 by making payment for a sum of Rs.40,000/- by the Defendant no.1 and Rs.45,000/- was paid by Universal Oil Seals Manufacturing Company as a loan and a sum of Rs.57,500/- was paid by Universal Rubber Products as a loan and a sum of Rs.30,000/- from the Bank of Baroda as a loan and a sum of Rs.5000/- was paid by Mrs.Chandrabagha H. Jain
Plaintiff is directed to file additional affidavit of evidence if any in view of additional issues framed by the Court today.
Case is adjourned to 23/09/2019 for filing additional affidavit of evidence by Plaintiff.
Nature Of Disposal: ALLOWED
Disposal Date: 03-08-2019