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Showing contexts for: bbc act in Umesh Chandra Tripathy vs Smt. Shanta Grover And Ors. [Alongwith ... on 28 November, 1997Matching Fragments
3. The defendant Umesh Chandra Tripathy after taking leave of the Court as required under Section 14 of the Act filed Written Statement and his case is that the suit premises situates on plot No. E/18 of City Centre of Bokaro Steel City, Sector-IV and the plot was originally allotted to one Dr. S.N. Mathur by Bokaro Steel Ltd. on 25.4.1975 through a registered deed of lease. The said Dr. Mathur was unable to construct a building as envisaged in the registered deed of lease so he invited Smt. Shanta Grover w/o of Baldeo Raj Grover who entered into a partnership agreement to construct shop and buildings and for letting out the same on rent to tenants. As per the partnership agreement, Dr. Mathur had only 1 per cent share while Mrs. Shanta Grover was having 99 per cent share. It was also stipulated that in the event of death of Dr. Mathur the assets and properties of the partnership firm shall vest on Smt. Shanta Grover and heirs/successors/legal representatives of Dr. Mathur shall have no right, interest or title in the firm's property and Shanta Grover would be treated as sole proprietor of the firm. It was further stipulated that in the event of dissolution of the firm, Smt. hanta Grover shall acquire full right, title and interest over the all assets and properties of the firm and Dr. S.N. Mathur had executed an irrevocable general power of attorney in favour of Shanta Grover on 6.7.1979. As per terms of that Power of Attorney, Smt. Shanta Grover became entitled to realise rent solely from the tenants in the building. After completion of ground floor of the building. Shanta Grover inducted the defendant, Umesh Chandra Tripathy on a monthly rental of Rs. 425/- per month. According to the defendant, Umesh Chandra Tripathy, he paid Rs. 15000/- to Smt. Shanta Grover as an advance towards rent out of which only Rs. 5000/- could be adjusted towards the payment of rent. Then the rent was enhanced by Mrs. Shanta Grover to Rs. 500/- in the month of April, 1980. According to the defendant, he paid her rent till August 1982 and then deposited the rent at the rate of Rs. 500/- per month in her Bank account with the United Bank of India, City Centre, Bokaro Steel City. But, even, then Shanta Grover demanded enhancement of rent to the extent of Rs. 700/- per month and when the defendant Umesh Chandra Tripathy refused in such proposal of enhancement of rent, the started creating troubles and hardship to compel him to vacate the premises and with this view in end, she brought the plaintiff on the first floor of the suit house in the month of May, 1988 and with that very purpose to create trouble in the peaceful possession of the defendant the plaintiff managed to obtain a deed of assignment in his favour on 13.10.1988 from one Binita Mathur claiming herself to be the widow, heir and successor of late Dr. S.N. Mathur. The deed of assignment was actually executed by Baldeo Raj Grover, the husband of Smt. Shanta Grover after obtaining a deed of relinquishment from his wife Shanta Grover in favour of Binita Mathur and both these relinquishment and deed of assignment were executed on the same date i.e., 30.10.1988. According to the defendant, Umesh Chandra Tripathy, in view of the agreement of partnership between Dr. S.N. Mathur and Smt. Shanta Grover and the irrevocable power of attorney executed by Dr.Mathur in her favour, no other can claim to be the owner of the house except that of Smt. Shanta Grover. Therefore, as per defence case, Binita Mathur, being the heir/ successor of Dr. S.N. Mathur had not acquired any right or interest in the property and as such by the deed of assignment by Binita Mathur in favour of plaintiff had not transferred any title or interest in the suit premises in favour of plaintiff and as such the suit is not maintainable under Section 14 of the BBC Act.