ROGER RODRIGUES Vs. RUSSEL PEREIRA

JUDGEMENT

(1.) The Plaintiffs have applied for judgment on admission essentially in respect of one of the properties of their deceased parents. The Plaintiffs together have one share. Defendant No.1 has another share. The defendant Nos.1 to 5 have one share each. The shares of the Plaintiffs are specifically admitted. Consequently a judgment on admission in respect of Flat No.22 in Sandelle Apartments of Perry Road, Bandra (W) Mumbai is required to be passed.

(2.) Defendant No. 1 claims that though the shares are admitted, the property be not sold but be given on license because it would fetch a decent amount each year. The suit is for determination and division of the respective shares. The shares having been admitted, a final Judgment is required to be passed. In the final judgment no property can be ordered to be given on license. A license is essentially a temporary measure. A sale of the property can alone be ordered upon partition.

(3.) Defendant No.2, who is the real contesting defendant accepts that the property be sold and the sale proceeds be distributed between the parties as per their share, the Plaintiffs together having one share as the heirs of the deceased son of their parents.