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"13. The Plaintiffs say that it is the allegation of the said Bafna that by a Deed of settlement dated 14th Jan,1971 made between Rattansey Karsandas and others (viz. Khat of Bhandup/Bhandup Estate) the said Khats gifted the proportion mentioned in the statement Ex."F" hereto to the Bafna Charitable Trust. The Plaintiffs submit that the purported gift is void ab-initio as the said Khots/Inamdars had no subsisting rights in respect of the said properties, which are part of the properties described in Ex."E" hereto. The Plaintiffs say that in the present suit, they have not joined the said Bafna as a party. The Defendant in order not to cause a misjoinder of the causes of action and/or parties, particularly because the Defendant No.1 has filed a suit bearing Suit No.8031 of 1984 against the said Bafna and others in the City Civil Court for the following reliefs :-