Sunil J. Nathwani & Anr. v. Arti Selvaraj & Ors.

Smt. Arti Selvaraj & Ors. ..Defendants. .... Mr. Vinod Solanki, Mrs. Anila Acharya, i/b. M/s. Tijoriwala & Co., for Plaintiffs. Mr. Bomi Patel, for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 20TH APRIL 2011. P.C. : The following issues are framed in the above Suit :- (1) Whether the Plaintiffs prove that Flat No.21 on the 3rd floor of Mount Unique, 62-A Pedder Road, Mumbai and Car Parking No. 125 (the Suit Flat) belonged to and was owned by late Smt. Ujamben Kanjee Naranjee Lakhani during her lifetime ? (2) Whether the Plaintiffs prove that by virtue of Probate dated 14thJune 2004 granted by High Court of Kenya and Letters of Administration dated 29th November 2008 issued under section 228 of Indian Succession Act, 1925 granted by High Court of Bombay, the Plaintiffs are entitled to administer the Estate of late Smt. Ujamben Kanjee Naranjee Lakhani including the Suit flat ? (3) Whether the Defendant Nos. 1 to 5 prove that 2 906A.nms-3269-10 the writing dated 21st July 1995 is a Gift Deed and whether it creates any rights in favour of Mangaldas or in favour of the Defendants ? (4) Whether the Plaintiffs prove that they are entitled to the declaration that the Defendant Nos. 1 to 5 have no right, title or interest of any nature in respect of the Suit flat and that the Plaintiffs are entitled to get possession thereof ? (5) Whether the Plaintiffs are entitled to compensation for wrongful use and occupation of the Suit flat from the Defendant Nos. 1 to 5 at the rate of Rs.5,00,000/- per month or such other rate from 16th March 2001 being the date of the Probate granted by the High Court of Kenya and up to the date of handing over of the possession of the Suit flat by Defendant Nos. 1 to 5 ? (6) Whether the Plaintiffs are entitled to get mesne profits under Order XX, Rule 12 of the Code of Civil Procedure, 1908 and if so, what amount and from which date ? (7) What orders, cost and decree ?

The learned Advocate appearing for the Plaintiffs informs the Court that the Plaintiffs have already filed the Affidavit of Evidence as well as the Affidavit of Documents along with the compilation of Documents and the cross-examination of the Plaintiffs is also over. They do not desire to lead any further evidence. He submits that the Defendants be directed to file their Affidavit in lieu of Evidence and the Affidavit of Documents along with the compilation of Documents. The Defendants are therefore directed 3 906A.nms-3269-10 to file Affidavit in lieu of Evidence as well as the Affidavit of Documents along with the compilation of Documents on or before 6th June 2011. In view of the above order, the Notice of Motion stands disposed of.

Place the Suit on 7th June 2011 for directions.

[ S.J. KATHAWALLA, J. ]