PERIN ARDESHIR DALAL Vs. ROSHAN ERACH MINBATTIWALA

JUDGEMENT

(1.) THESE two Notices of Motions which are taken out by the plaintiff and now transposed defendant No. 5, who had initially filed the suit as a next friend of the plaintiff respectively, can be disposed of by this common order.

(2.) THIS is a case where two former employees of the deceased Hoshang Dalal, who was the brother of the present plaintiff Perin A. Dalal, are arraigned against each other for the noble (?) interest of protecting the estate of the plaintiff who is at the moment, because of her age and physical and psychological condition, is beyond understanding what the whole matter is about. But a few facts to understand the controversy which can be briefly narrated are as follows:

(3.) HOSHANG Dalal died intestate, leaving behind him valuable moveable and immoveable properties including a residential flat being flat No. 6-A in the building known as Brighton belonging to Brighton Co-operative Housing Society Limited. The deceased Hoshang Dalal during his lifetime, had executed a nomination in favour of the plaintiff and defendant No. 1 (employee of the deceased Hoshang Dalal ) by name Roshan Minbattiwala, in respect of the said flat at Brighton.