AKBAR KHALID HAMDULEY Vs. ALLOO NOSHIR DUBASH

JUDGEMENT

(1.) These Petitions pose a unique conundrum where a third Megha party, claiming to be a co-owner and whose claim of co-ownership is negatived in a decree passed by Civil Court, is permitted to be impleaded as a formal party to the eviction Suits instituted by the Petitioners/Plaintiffs for eviction of tenants. Accordingly, present Petitions are filed challenging the orders passed by the Small Causes Court on 14/2/2020 permitting impleadment of Respondent No. 4 in the Eviction Suits and Orders dtd. 8/7/2021 passed by the Appellate Bench of Small Causes Court dismissing the Revisions.

(2.) The building 'Maharukh Mansion' (suit building) was originally owned by Mrs. Shamanaz Khushroo Ghaswala and Mrs. Niloufer Minoo Bhujwala having 50% share each. By conveyance deed dtd. 14/12/2013, Petitioner-Akbar Khalid Hamduley (Akbar) purchased 50% undivided share of Mrs. Niloufer Minoo Bhujwala, which represents 25% share in the entire suit building. Petitioner- Ismail Hamdulay (Ismail) has also purchased balance 25% falling in the name of Nilofer Minoo Bhujwala. This is how both the Petitioners-Ismail and Akbar claim 50% ownership in respect of the entire suit building.

(3.) Respondent No. 4-Viraf Rusi Vatcha (Viraf) claims that by way of Gift Deed dtd. 1/12/2008, Mrs. Shamanaz Khushroo Ghaswala gifted 50% of her share (25% share in the entire building) in his favour. On the strength of the Gift Deed dtd. 1/12/2008, Viraf claims 25% ownership in respect of the suit building.