DILIP D CHOWDHARI Vs. MAHARASHTRA EXECUTER AND TRUSTEE

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Bombay in Appeal No. 326 of 2000, arising out of orders passed in Originating Summons No. 871 of 1999 dated 30.4.2001 in Suit No. 3659 of 1999.

(2.) The facts of the case in brief are as follows: The suit property is a residential building known as 'Vandan' having a ground and three floors situated at Ranade Road, near Shivaji Park, Dadar, Mumbai (hereinafter referred to as the 'suit building').

(3.) The deceased, Shri Dattatraya Raghunath Chowdhari, the testator was the owner of the suit property having purchased the same under a registered sale deed from one Shri Kihimkar out of his personal earnings. At that point of time, it had only a ground and two floors. The building also had two garages on the ground floor. The possession of the vacant second floor was given to the purchaser. The testator Shri Dattatraya constructed a third floor as a single unit with one common entrance, hall, toilet block, two bed rooms and a separate master bed room with toilet block attached to it. The testator had four sons-Suryakant, Ashok, Dilip (appellant) and Bapu. In addition to that the testator had one married daughter. Ashok got married in 1968. The appellant got married on 29.1.1974. Bapu was a problem child and remained a bachelor. On the ground floor there are two tenants. On the first floor there are two tenants. On the second floor there are two independent flats given out to Suryakant and his wife and Ashok and his wife respectively. The third floor was occupied by the deceased testator along with his wife Smt. Mainabai and the appellant. Bapu, who was the problem child was also given a separate room.