Case Note & Summary
The plaintiff, Shashikiran Ashok Parekh, filed a suit seeking declaration of ownership of a flat originally allotted to her by MHADA in 1974. She paid the entire consideration of Rs.24,300. After her marriage in 1980, her parents continued to reside in the flat. She later requested the society to add her mother as an associate member. Following the death of her parents, the society proposed redevelopment without informing her. The plaintiff alleged that her brother, defendant No.1, and others were attempting to dispossess her. The court considered the Notice of Motion for injunction and appointment of Court Receiver. The court found that the plaintiff had made out a strong prima facie case, balance of convenience was in her favour, and irreparable loss would be caused if injunction was not granted. The court restrained the defendants from creating third party rights or dispossessing the plaintiff and appointed the Court Receiver to take possession of the suit flat. The court also directed the plaintiff to pay maintenance charges to the society.
Headnote
A) Property Law - Ownership Dispute - Injunction - Plaintiff claimed sole ownership of suit flat based on allotment by MHADA and payment of consideration - Court held that plaintiff made out a strong prima facie case and balance of convenience was in her favour - Injunction granted restraining defendants from creating third party rights or dispossessing plaintiff - Court Receiver appointed (Paras 1-14).
Issue of Consideration
Whether the plaintiff is entitled to an injunction and appointment of Court Receiver in respect of the suit flat pending the suit.
Final Decision
Notice of Motion made absolute in terms of prayer clauses (a) and (b). Defendants restrained from creating third party rights or dispossessing plaintiff. Court Receiver appointed to take possession of suit flat. Plaintiff to pay maintenance charges to society.
Law Points
- Ownership rights
- Injunction
- Appointment of Court Receiver
- Prima facie case
- Balance of convenience
- Irreparable loss
