Case Note & Summary
The Plaintiff, Erle Benedict Pereira, filed a suit seeking a declaration for extra FSI/additional area in respect of his entitlement under a registered Deed of Conveyance dated 27.09.1994 executed between Mr. Alexander Benedict Joseph Pereira (ABJ Pereira) and the predecessor-in-title of the Plaintiff and the Defendant, Erlyn Apartment Co-operative Housing Society Ltd. The Plaintiff also filed an Interim Application seeking appointment of a Court Receiver. The Court heard arguments from both sides. The Defendant opposed the application. The Court, after considering the pleadings and submissions, found that the Plaintiff had made out a prima facie case for appointment of a Court Receiver to protect the subject matter of the suit pending final disposal. The Court allowed the Interim Application and appointed a Court Receiver. The decision was based on the balance of convenience and the need to preserve the property in question.
Headnote
A) Property Law - Deed of Conveyance - Interpretation - Extra FSI/Additional Area - The dispute pertains to the entitlement of the Plaintiff to extra FSI/additional area under a registered Deed of Conveyance dated 27.09.1994 executed between Mr. Alexander Benedict Joseph Pereira and the predecessor-in-title of the Plaintiff and Defendant Society. The Court considered the prima facie case and balance of convenience for appointment of a Court Receiver. Held that the Plaintiff has made out a prima facie case for appointment of a Court Receiver to protect the subject matter of the suit pending final adjudication (Paras 1-3).
Issue of Consideration
Whether the Plaintiff is entitled to appointment of a Court Receiver in respect of the suit property pending disposal of the suit seeking declaration of extra FSI/additional area entitlement under a registered Deed of Conveyance.
Final Decision
Interim Application is allowed. Court Receiver appointed in respect of the suit property.
Law Points
- Interpretation of Deed of Conveyance
- Appointment of Court Receiver
- Interim Relief
- Balance of Convenience
- Prima Facie Case
