SHABANA MOHSIN GHAZI Vs. MOHSIN MAHFOOZ GHAZI

JUDGEMENT

(1.) This appeal is directed against the order dated 14th may, 2004 passed in Regular Civil suit No. 268 of 2004 by the Civil Judge (Senior division) , Thane directing the defendants to maintain status-qud in respect of the suit property being flat No. 102 admeasuring about 912 aq. 11 (carpet area) located in B-wing, in the building known as 'sundaram Enclave' in Sundaram Co-op. Housing Society Ltd. , Mira Road, District- Thane ("the suit flat" for short) facts :

(2.) Respondent No. 1 is the original plaintiff. Respondent No. 2 is original defendant no. 1, whereas appellant is original defendant no. 2. Original defendants are husband and wife. Defendant Nos. 1 and 2 purchased suit flat in their joint name in the year 1998 for a consideration of rs. 2 lakh.

(3.) The case of respondent No. 1 - original plaintiff is that he entered into an agreement to purchase the suit flat on 19th march, 2004 from defendant No. 1 who has executed the said agreement on behalf of himself and his wife, defendant No. 2 on the basis of her authorisation based on unregistered power of attorney alleged to have been executed by her (the appellant) in favour of her husband i. e. original defendant No. 1.