MOHD. MEHTAB KHAN Vs. KHUSHNUMA IBRAHIM

JUDGEMENT

(1.) LEAVE granted.

(2.) AGGRIEVED by the grant of interim relief by an Appellate Bench of the Bombay High Court in a suit under Section 6 of the Specific Relief Act, 1963 (hereinafter for short the "SR Act "), the present appeal has been filed by the defendants 5, 10 and 11 in the suit. More specifically, by the impugned order dated 09.10.2012 the Receiver of the suit properties appointed by the learned Single Judge has been directed to remain in possession and hand over the same to the respondent Nos.1 and 2 (plaintiffs) who are to be in possession as agents of the Receiver.

(3.) THE plaintiff No. 1 claims to be the 3rd wife of one Ibrahim Khan whereas the plaintiff No. 2 is the son of the first plaintiff and Ibrahim Khan. According to the plaintiffs, Ibrahim Khan and the first plaintiff were married in the year 1993 and out of the said wedlock the plaintiff No. 2 was born some time in the year 1996. The plaintiffs claim that they alongwith Ibrahim Khan were residing in flat No. A-505, Noor-e-Jahan Complex, Pipe Road, Kurla (West), Mumbai and that they were also in occupation of an office being 201/202, 2nd floor in the Big 3 Building, 88, Anandilal Poddar Marg, Marine Lines, Mumbai from where the first plaintiff was carrying on her profession of advocate and solicitors in the name of M/s. K.K. Associates. It is the case of the plaintiffs that both the aforesaid properties were the self-acquired properties of Ibrahim Khan and that the suit flat was gifted in favour of the first plaintiff whereas a general power of attorney was executed in favour of the first plaintiff insofar as the suit office is concerned.