IN THE BOMBAY CITY CIVIL COURT AT DINDOSHI

GOREGAON MUMBAI
CIVIL SUIT NO. OF 2022

CHANDRIKA BHATIA CO-OPERATIVE )

HOUSING SOCIETY LTD. A Co-operative )
Housing Society Duly registered under its )
Registration number BOM/HSG/1895 of 1968 )
Under the Provisions of the Maharashtra )
Co-operative Societies Act, 1960, situated at )
Chandrika Bhatia CHS Ltd. Parmanand, )
Mehta Marg, opp. Humsub Building, Shankar Lane,)
Kandivali West. Mumbai- 400 067, )
Through The Secretary Mr. Dinesh Mehta )
& The Chairman Mr. Snehal Shah )
….Plaintiff
V/s.
MR. KISHAN LALCHAND BHATIA )
An Adult, Indian Inhabitant )
Age- Not Known, Occ- Not known )
residing at )
Bungalow No. 44, Balasinor CHS, S.V. Road, )
Kandivali (W), Mumbai- 400 067. )
….Defendant

SUIT FOR DECLARATION &

PERMANENT INJUCTION.

THE PLAINTIFF ABOVENAMED STATES AS UNDER:

1. The Plaintiff is a Co-operative Housing Society duly registered
under the provisions of The Maharashtra Co-operative Societies
Act, 1960, bearing registration No. BOM/HSG/1895 of 1968;
situated at the address mentioned in the title hereinabove. Mr.
Dinesh Mehta, the Secretary and the Chairman Mrs. Snehal
Shah of the said Society is well conversant with the facts of the
case and thereby duly authorized to represent the Society in the
present Suit pursuant to Resolution dated 30/09/2022 passed in
the Managing Committee Meeting/Annual General Meeting.
Hereto annexed and marked as Exhibit- “A” (Colly) is the
copy of the said Resolution dated 30/09/2022 passed by the
Managing Committee Meeting / Annual General Meeting.

2. The Defendant is an Individual, Indian Inhabitant residing at the

address mentioned in the “cause title” is the
promoter/developer/land owner of the said building premises.

3. The Plaintiff states, the Plaintiff being the Purchaser, therein in

the Sale Deed dated 18/06/1967, the Defendant, being the
Vendor therein, registered by the Sub-Registrar office bearing
No. 2866 of 1964 having 32 Residential Flats comprised on
ground plus 3 Upper Floors and 2 garages known as
“CHANDRIKA” (hereinafter referred as the said
“BUILDING) on the Plot of Vacant Land admeasuring 1592
yards equivalent to 1329.32 sq.mts or thereabouts, bearing old
survey No. 42 (part) and new survey No. 72(A) wrongly
mutated as 729 (part) of Malad bearing CTS No.300, 300/1,
300/2, 300/3, 300/4, 300/5, 300/6, 300/7 & 300/8 (hereinafter
 referred to as the said “Plot”) lying being and situated in village
Malad, Tehsil- Borivali. Accordingly, hereto annexed and
marked as Exhibit-“B” is the Copy of the Sale Deed dated
________.

4. The Plaintiff states that the building structure of the society was
constructed by the Defendant in consonance with the relevant
sanctions and permissions granted in favor of the said
construction. The Plaintiff states that, as the Defendant in the
capacity of Owner/Promoter of the said building structure,
executed individual Agreement of Sale of the individual flat in
the said building with various individual flat purchases and
formed themselves into Co-operative Housing Society under the
provisions of the Maharashtra Co-operative Societies Act, 1960,
known as CHANDRIKA BHATIA CO-OPERATIVE
HOUSING SOCIETY LTD (hereinafter referred as the said
“SOCIETY”).

5. The Plaintiff states that, vide Deed of Conveyance dated

18/09/1972 executed by the Defendant, therein referred to as
Vendor and the Plaintiff, therein referred to as Purchaser, the
Defendant conveyed the said plot of land in favor of the
Plaintiff Society. Accordingly, hereto annexed and marked
EXHIBIT- “C” is the Copy of the Deed of Conveyance dated
18/09/1972 executed by the Defendant.

6. The Plaintiff states that in pursuance to the said Deed of

Conveyance, the Defendant have failed to take steps to mutate
 the records of rights i.e. records maintained at the Tahsildar
office & Talathi office and also in the P.R. Card maintained at
the City Survey office of the Plaintiff’s plot. The Plaintiff
further states that despite numerous requests and reminders by
the Plaintiff to take steps in that regard, the Defendant have
failed and neglected to update/mutate the property card and
other revenue records at the Tahsildar & Talathi office of the
subject plot in favor of the Plaintiff Society.

7. The Plaintiff states that as such, they were left with no other
option but to file an Application for mutation of Land Records
of the plot of land i.e. Chandrika and consist of 32 Flats and
2 garages, vide an Application dated 12/03/2021 before the
concerned City Survey Officer Malad and also at the Tahsildar
& Talathi office. However, the Plaintiff was shocked and
surprised when the concerned office informed the Plaintiff that
the Survey Number of the property mentioned in the schedule
of the Deed of Conveyance dated 18/09/1972 being New
Survey No. 729 (part) did not exist. The Plaintiff states that,
upon making further inquiries the Plaintiff came to know that
the Defendant had mentioned an incorrect survey number i.e.
729 (part) in the schedule of the property to the said Deed of
Conveyance. Accordingly, hereto annexed and marked
EXHIBIT- “C” is the Copy of the Application dated
12/03/2021 with the office of the City Survey Officer Malad.

8. The Plaintiff, for the sake of clarity, states that, the Survey No.
in the schedule of the Deed of Conveyance is as follows:
 SCHEDULE OF THE PROPERTY
MENTIONED ON THE PRINCIPAL DOCUMENT

VILLAGE MALAD Thana No.

Under The Jurisdiction of Registration Office
BANDRA & Tehsil BORIVALI
Khata No. Survey No. 729
Area Kissam/Category
Boundary
Annual Rent Reserved

Whereas
SCHEDULE OF THE PROPERTY AS
CORRECTED AND RECTIFIED SHOULD BE
VILLAGE MALAD Thana No.
Under The Jurisdiction of Registration Office
BANDRA & Tehsil BORIVALI
Khata No. Survey No. 72(A)
Area Kissam/Category
Boundary
Annual Rent Reserved

9. The Plaintiff states that, it is clear from said Sale Deed executed
by the Defendant in favor of various flat purchasers of the
 Plaintiff’s building, that the correct description of the said
subject plot is bearing Survey No.72(A), the same is also
fortified by sanction plans and the original records of rights in
favor of the Defendant.

10.The Plaintiff states that under the above circumstances, through

its Managing Committee, they had tried to seek the Defendant’s
co-operation for executing the necessary Deed of Rectification
of the referred Deed of Conveyance to rectify the incorrect
Survey No. being 729 to the correct Survey No. being 72A.
However, on one or the other pretext the Defendant refused to
execute the said Deed of Rectification for reasons best known to
him and due to this, Survey No. remained unrectified and the
mutation in the Land records could not be done till date against
the correct Survey No. of 72A before the concerned City Survey
Office for CTS No.300, 300/1, 300/2, 300/3, 300/4, 300/5,
300/6, 300/7 & 300/8 and also before the Tahsildar & Talathi
office.

11.The Plaintiff states that despite several follow-ups and

reminders the Defendant had failed to execute the Deed of
Rectification and hence they finally issued a Legal Notice dated
11/07/2022, by enclosing the copy of Deed of Conveyance
dated 18/09/1972 and the draft of Rectification Deed, sent
through RPAD, to the Defendant requesting to Execute and
register the Deed of Rectification to rectify the wrongly
mentioned survey No. i.e. 729 (part) of Malad instead of correct
Survey No. 72(A) which was duly received by the Defendant on
12/07/2022. Accordingly, hereto annexed and marked as
 Exhibit- “ D” (Colly) is the copy of Legal Notice dated
11/07/2022 issued by the Plaintiff to the Defendant along with
its acknowledgement dated 12/07/2022.

12.The Plaintiff states that even after the receipt of the legal notice
dated 11/07/2022, the Defendant have failed to execute and
register the Deed of Rectification and even failed to reply to the
said legal Notice.

13.The Plaintiff states that subsequently, the Plaintiff had sent a

letter dated 01/10/2022 to the Sub- Registrar of Assurances for
the rectification of the said Survey No. from 729 to 72A but the
same got returned with the remark “Try for 400 101”. Later,
immediately after the knowledge of the said returned packet, the
Plaintiff sent another letter to the Joint Sub- Registrar of
Assurances dated 11/10/2022 but this time also, the same got
returned with the remark “INSUFFICIENT ADDRESS”.
Hereto annexed and marked as Exhibit- E “Colly” is the copy
of the said letters dated 01/10/2022 & 11/10/2022 addressed to
the Joint Sub- Registrar of Assurances along with postal
received.

14.

15.The Plaintiff in view of the aforesaid facts, is filing the present

suit seeking an appropriate decree order and direction directing
the Defendant to execute and register the Deed of Rectification
in regards to rectification of wrongly mentioned Survey No. 729
 instead of 72A on Land admeasuring 1592 yards equivalent to
1329.32 sq.mts with CTS No.300, 300/1, 300/2, 300/3, 300/4,
300/5, 300/6, 300/7 & 300/8 lying being and situated in village
Malad, Tehsil- Borivali on such terms as this Hon’ble Court
may deem fit and proper.

16.The Plaintiff is approaching this Hon’ble Court by way of

present suit which has been failed in great haste and in the event
of failure to the Plaintiff to incorporate in the Plaint any facts,
the Plaintiff may be granted liberty to add, amend or alter the
plaint if the need so arises and in any case, the same may not be
treated as suppression of material facts from this Hon’ble Court.

17.The Plaintiff states that in view of the aforesaid facts and till the
matter is decided on merits by the court, the rights of the
Plaintiff are required to be protected by this Hon’ble Court by
passing interim and ad-interim reliefs in favor of the Plaintiff.

18.The Plaintiff states that considering the facts of the case, if the
reliefs prayed for are granted, no prejudice, harm and loss
would be caused to the Defendant and on the other hand, if the
same would be refused, the Plaintiff would suffer grave harm,
loss & injury which cannot be compensated in terms of money.

19.The Society is situated at Kandivali (W), Mumbai where the

entire cause of action took place, hence this Hon’ble Court has
jurisdiction to try and entertain the present Suit.
 20.The Plaintiff values the suit for the purpose of court fees and
jurisdiction for Rs. 200/- (Rupees Two Hundred Only) as
per the provision of Bombay Court Fees Act as per the
provision of section 64(J) of Bombay Court Fees Act.

21.The present suit is well within the period of limitation and

hence the same is not barred by the law of limitation.

22.The Plaintiff states that the Plaintiff has not filed any other
suit either before this Hon’ble Court or before any other
Court touching the subject matter save and as disclosed in
the present Suit.

23.The Plaintiff has not been served with any caveat filed by
the Defendant.

24.The Plaintiff shall rely upon the documents, a list whereof is

annexed herewith.

25.The Plaintiff shall rely upon the list of documents, a list

whereof is annexed herewith and crave leave to refer and
rely upon other documents as and when produced.

THE PLAINTIFF THEREFORE PRAYS:

(a) That this Hon’ble Court be pleased to pass necessary order and
direction to the Defendant to execute and register the Deed of
Rectification with regards to rectification of wrongly mentioned
 Survey No. 729 instead of 72A on Land admeasuring 1592
yards equivalent to 1329.32 sq.mts with CTS No.300, 300/1,
300/2, 300/3, 300/4, 300/5, 300/6, 300/7 & 300/8 lying being
and situated in village Malad, Tehsil- Borivali.

(b) that interim and ad-interim reliefs in terms of prayer (a) above.

(c) that the cost of the suit be provided;

(d) Any other reliefs which this Hon’ble Court may deem fit and
proper in the interest of justice.

Plaintiff Advocate for Plaintiff

 VERIFICATION

We, Mr. Dinesh Mehta, the Secretary & Mr. Snehal Shah,
the Chairman of the Society, the Plaintiff hereinabove, do hereby
declare on solemn affirmation that what is stated in the foregoing
paragraphs No.1 to 23 are true to our own knowledge and what is
stated in the remaining paragraphs are stated on information and
belief and we believe the same to be true.

Solemnly affirm at Mumbai )

On this day of October, 2022 ) Before me,

Identified by me,

Adv. Sonal Hemant Mishal

Advocate High Court,
Off: Basement shop No 1,
Shoppers Point,
S,V.Road, Andheri West,
Mumbai-400058.
9969849102,
advsonalmishal2006@gmail.com
MAH/3566/2006
IN THE BOMBAY CITY CIVIL
COURT AT DINDOSHI
GOREGAON MUMBAI
CIVIL SUIT NO. OF 2022
Chandrika Bhatia Co-Operative Housing
Society Ltd.
…….Plaintiff
v/s.
Mr. KishanLalchand Bhatia
….Defendant

____________SUIT__________

Dated this____day of October,2022

__________________________

Adv. Sonal Hemant Mishal

Advocate High Court,
Off: Basement shop No 1,
Shoppers Point,
S,V.Road, Andheri West,
Mumbai-400058.
9969849102,
advsonalmishal2006@gmail.com
MAH/3566/2006
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