GANGJI RAMJI CHHEDA Vs. HANSRAJ RAMJI CHHEDA

JUDGEMENT

(1.) The plaintiff and defendant No.1 are brothers. The plaintiff and defendant No.1 lived in flat No.204 in Anurag Building, 9, Banganga Cross Road, Walkeshwar. It belonged to their father. The father is stated to have bequeathed the flat under his will dated 18th June, 1988 to plaintiff and defendant No.1 jointly. Defendant No.1 was the executor. Defendant No.1 is stated to have written to the society in terms of father's will. Defendant No.1 has denied the letter or the father's will. Even if the father died intestate, the flat would belong to both brothers jointly.

(2.) The plaintiff and defendant No.1 are stated to have purchased another flat in Vile Parle being the suit flat No.302, Lily Kunj CHS Ltd. on 19th April, 1991. The defendant disputes that the plaintiff paid any consideration and had purchased the Vile Parle flat. The defendant claims to have purchased it solely. The payment of consideration by the defendant is not disputed. The payment of consideration by the plaintiff is not shown except by a certificate of his Chartered Accountant without the substantiating documents for issue of the certificate. The plaintiff claims that he is presumed to have paid the consideration equally as has been paid by defendant No.1 as per the provision relating to joint transfer under Section 45 of the Transfer of Property Act, 1882.

(3.) The plaintiff and his family started to reside in the flat at Vile Parle. The plaintiff and his family alone have possession of the said flat and pay outgoings of the flat. Defendant No.1 has neither possession nor any evidence of payment of outgoings.