USHA SURESHCHANDRA JHAVERI Vs. HIMANSHU S. JHAVERI

JUDGEMENT

(1.) This Suit is filed by the Plaintiff for seeking a declaration that she is entitled to one-fourth share in the suit property described in Exhibit-A and Exhibit-B to the Suit Plaint and calls upon the Court to effect partition by metes and bounds and carve out her one-fourth share, put her in possession thereof and pass a decree to that effect. Exhibit-A at page No.147 of the Suit Plaint is a list of four immovable properties namely; (i) Flat in Soni Chambers, second floor, Avantikabai Gokhale Road, Mumbai - 400 004; (ii) Office premises at Bandra-Kurla Complex in Diamond Brouse; (iii) Flat No.104, 1st Floor, Prabhudarshan Society at Surat and (iv) Office premises on second Floor, Pancharatna Building, Peeplasheri Jeerukhadi, Surat. Exhibit-B page Nos.22 and 23 is a list of movable properties under four groups viz; Group One comprising of one National Saving Certificate, four race horses, motor car and household items, group two comprising of ornaments, group three comprising of ornaments belonging to Plaintiff's father to be returned and not partitioned and group four comprising of shares of 21 companies. Plaintiff is the second wife of one deceased Sureshchandra Jhaveri. Defendant Nos.1 to 3 are her stepchildren. Defendant No.4 is the wife of Defendant No.1. Defendant No.1 is the son and Defendant Nos.2 and 3 are married daughters of deceased. Defendant No.2 expired in the interregnum and is represented by her legal heirs who are arrayed as Defendant Nos.5 and 6. Deceased Sureshchandra Jhaveri was initially married to Rasilaben Jhaveri, mother of Defendant Nos.1 to 3. Rasilaben Jhaveri expired in a car accident on 13/2/1978. Sureshchandra Jhaveri married Plaintiff on 23/1/1987 and the marriage was registered on 29/1/1987. Sureshchandra Jhaveri expired on 29/6/1993.

(2.) Plaintiff would contend that at the time of his demise he was owner of four immovable properties stated in Exhibit-A to the Suit Plaint as also several movable properties stated in Exhibit-B to the Suit Plaint. It is averred in the Suit Plaint that properties at serial Nos.1, 2 and 3 in Exhibit-A were purchased by the deceased Sureshchandra Jhaveri in the name of Defendant No.1 and therefore Plaintiff seeks partition of one-fourth share out of these properties in her favour. Defendant No.1 has denied Plaintiff's claim that the Suit properties belonged to the ownership of Sureshchandra Jhaveri at any point of time or were purchased by him on his name. Parties have led extensive evidence and referred to and relied upon documentary evidence in support of their respective case. Hence it will be the oral and documentary evidence which will determine the extent of the rights of the parties rather than their pleadings.

(3.) In order to adjudicate and decide the lis between the parties, it will be appropriate to list the dates and events, inter alia, pertaining to the parties and the suit properties since both sides have relied upon them and led evidence on the same. Sureshchandra Jhaveri admittedly died intestate on 29/6/1993. Defence of the Defendants to the reliefs claimed by Plaintiff is two fold namely;