VASANTHI SHRIDHAR BANGERA Vs. VISHALA BOKAPATNA LAXMAN

JUDGEMENT

(1.) It is a tale of two sisters. Plaintiff Vishala Bokapatna Laxman is the younger sister of Vasanthi Shridhar Bangera. Vishala sued her elder sister and brother-in-law for eviction. The Suit was decreed. Vasanthi, the elder sister, and her husband appealed but without success. In the meanwhile, her husband died. So, along with her children, Vasanthi filed this Civil Revision Application. Facts in Brief:

(2.) I may touch upon the facts briefly as are relevant for us to decide this Civil Revision Application--under Section 115 of Code of Civil Procedure, 1908 (CPC). As Vishala was employed with the State Trading Corporation, she had an opportunity of buying a house at a concessional rate. She did buy the house, and it is the suit subject. Who contributed the sale consideration has been a bone of contention, though. What is not disputed, however, is that both the sisters were initially living together in that house.

(3.) At any rate, initially, in June 1986, Vishala issued a quit notice to Vasanthi and her brother-in-law. Later, she filed Original Suit No.4842 of 1994 before this Court. But this Court held the jurisdiction lay with the Small Cause Court. It accordingly transferred the suit to the Small Cause Court, Bombay. The matter transferred, it was numbered as L.E.& C Suit No.96/125 of 2012. During the trial, Vishala got herself examined as PW1, besides examining one more witness. On the other hand, Vasanthi and her husband, as the defendants 1 and 2, examined five witnesses, Vasanthi being the DW1. Vishala claimed exclusive ownership and wanted her sister and brother-in-law to vacate. On the other hand, Vasanthi maintained that her family contributed the sale consideration; so, Vishala is only a name lender--an ostensible owner. Eventually, in October 2015, the trial Court decreed the Suit.