KIRTIKUMAR DHANJIBHAI SHAH Vs. SUDHALAXMI MOHANLAL JHAVERI

JUDGEMENT

(1.) This is an appeal by the original plaintiff, impugning the order dated 28th September, 1994, made by the IV Family Court, Bombay, dismissing the appellant's S.C. Suit No. 173 of 1986.

(2.) Though we are not concerned with the details of the case put forward in the appellant's suit before the Family Court, we may broadly indicate the case of the appellant in the Trial Court.

(3.) The appellant filed a suit in the City Civil Court, Bombay, alleging that he was the real owner of Flat No. 708-C, Poonam Apartments, Worii, Bombay, in which 1st respondent (appellant's mother -in-law) and 2nd respondent (appellant's wife) were residing and that he was the real owner of the suit flat and that respondent No. 1 being a Benamdar, had no right, title or interest therein. This suit was filed before the City Civil Court, Bombay on 9th January, 1986, and came to be transferred to the Family Court at Bombay.