HRIDAY NIRAJ MEHTA Vs. UMESH JAYANTILAL MEHTA

JUDGEMENT

(1.) The applicant/plaintiff has preferred this application for interim relief in the nature of restraining the defendants from dealing with, disposing off, alienating, encumbering and/or creating third party rights in any manner whatsoever in or over the residential premises being Flat Nos. 201 and 202, 2nd Floor, Silver Solitaire CHS Ltd, situated at Plot No. 99, T.P.S. III, Tilak Road, Ghatkopar (E), Mumbai 77. (the suit flats), for appointment of Court Receiver and also restraining the defendants from preventing the plaintiff from residing in the suit flats.

(2.) The applicant has instituted the suit for declaration that the Gift Deeds dtd. 20/11/2014 in respect of suit flats are void ab-initio, illegal and non-binding on the plaintiff, and that Niraj Jayantilal Mehta HUF and its members/coparceners including the plaintiff, are entitled to 50% undivided share in the suit flats and for an equitable partition and vacant, peaceful possession of the suit flats and mesne profit etc.

(3.) The plaintiff is the son of defendant Nos. 5 and 6. Defendant No. 1 is the real brother of defendant No. 5. Defendant No. 2 is the wife of defendant No. 1 and defendant Nos. 3 and 4 are the daughter and son of defendant Nos. 1 and 2. The plaintiff is a coparcener in a Hindu Undivided Family namely Niraj Jayantilal Mehta- HUF consisting of himself and his parents being defendant Nos. 5 and 6. Defendant Nos. 1 and 4 are the members of Umesh Jayantilal Mehta - HUF. The two HUFs jointly owned the suit flats.