JOHN FRANCIS ANTHONY GONSALVES OF MUMBAI INDIAN CHRISTIAN Vs. COLIN M. REBELLO OF MUMBAI INDIAN CHRISTIAN

JUDGEMENT

(1.) A question that arises in the Suit is whether the defendant, who according to the plaintiff was allowed to use the premises as a family member, can be termed as a gratuitous licensee, so as to oust the jurisdiction of the civil court. The issue of jurisdiction is to be tried as a preliminary issue.

(2.) The plaintiff No.1 and 2 are brothers. They are sons of one John Frederick Gonsalves. Julia was the wife of John Frederick Gonsalves and the mother of the plaintiff. The plaintiffs had a sister named -Agnes Mary Conception Rebello. The defendant is the stepson of Agnes.

(3.) John F. Gonsalves expired on 3 January 1983 leaving his last will and testament dated 1 April 1979. The will inter-alia dealt with two flats bearing no.501 and 502 in Joanna premises Cooperative Housing Society, Bandra Mumbai. The deceased bequeathed the two flats in the Will as under :