FIZIA GULAMHUSEIN JAFFER Vs. FATEMA SALIM JAFFER

JUDGEMENT

(1.) BY this motion, plaintiff is praying for restrainment order against defendant No.1. Suit is filed for declaration that plaintiff, defendant No.1, defendant No.3, defendant No.4, defendant No.5 and defendant No.6 are entitled to share in suit flat bearing flat No.7, 2nd floor at India House No.3, Bombay - 400 036. As per plaintiff, said flat was purchased by her father Gulamhusein Jaffer in year 1960. Gulamhusein died on 24.1.1972. Gulamhusein nominated his widow whose name was recorded to the suit flat, who died on 27.5.1980. Defendant No.1 is widow of Salim, son of Gulamhusein. Salim died on 9.7.1995. At present, suit flat is standing in the name of defendant No.1. Suit was filed on 13.1.1995 for declaration. On 10.7.1995, written statement was affirmed. On 15.7.1995, written statement was served upon plaintiff. This motion is taken out in the month of August 1995 with the prayer that plaintiff's possession be protected. In the affidavit in support, it is stated that on 12.7.1995, plaintiff was prevented from entering the suit flat.

(2.) THERE is no dispute that in year 1995, plaintiff has acquired her own flat at Juhu and plaintiff's ration card was for Juhu flat. Plaintiff's name from the ration card of suit flat was deleted. In the month of July 1995, plaintiff got her name deleted from the address of the Juhu premise.

(3.) CONSIDERING the dispute between the parties, it is necessary to prevent defendant No.1 from transferring or alienating or parting with the possession of the suit flat.