Dismissed

Narendrkumar R.Parashar v. Asha S.Vyas

Bombay HC8 Oct 2007APP/1177/1999

Case brief

AI extract

What is this about?

An appeal filed by the appellant challenging an order dismissing his claim for a tenement allotted to his father (the appellant's mother) by MHADA. The court held that the appellant had no prima facie case to claim the tenement since the defendant sister invested the money and the lower court correctly dismissed the claim.

What did the court decide?

The appeal is disposed off; no reason to interfere with the order of the learned Single Judge dismissing the claim for the tenement.

	IN THE ORDINARY	HIGH COURT OF J ORIGINAL	UDICATUR CIVIL	E A	T BOMBAY JURISDICTION
		APPEAL NO.1177		OF	1999
		IN
	NOTICE	OF MOTION	NO.158		OF 1997
		IN
		SUIT NO.4823		OF	1997
Narendrak Mrs Asha S	umar R. Parashar v/s . Vyas		...Ap ...Re	pellant spondent
Mr	K.R.	Parekh	for		Appellant.
None		for			Respondent.
CORAM DATE	: D.K.	DESHMUKH AND : 8TH	J.H. OCT	B OBER	HATIA JJ. 2007.

IN
THE
ORDINARY

HIGH
COURT
OF
J
ORIGINAL

UDICATUR
CIVIL

E
A

T
BOMBAY
JURISDICTION

APPEAL
NO.1177

1999

NOTICE

OF
MOTION

NO.158

OF
1997

SUIT
NO.4823

1997

Narendrak
Mrs Asha S

umar R. Parashar
v/s
. Vyas

...Ap
...Re

pellant
spondent

K.R.

Parekh

for

Appellant.

None

for

Respondent.

CORAM
DATE

:
D.K.

DESHMUKH
AND
:
8TH

J.H.
OCT

B
OBER

HATIA
JJ.
2007.

1.		Thi	s appeal is directed against	the or	der
dated	25th	Febr	uary 1999 passed	by	the learned	Single
Judge in	notice	of	motion No.158	of	1997. The	plaintiff
in his	capacity	as	a child of	ex-	serviceman was	allotted
the ten	ement	by	the Maharash	tra	Housing and	Area
Development	Authori	ty.	The defendant	is	his sister.	He
transferred	his		entitlement in fav	our	of the	sister.
The	learned	Single	Judge has pri	ma	facie found	that the
entire	amount	of	consideration was	paid	to MHADA	by the
defendant	and	there	fore the MHAD	A	appeared to	have
transferred	the		tenement in favou	r of	the	defendant.
The	learned	Sing	le Judge has th	erefore	held that	the

Thi

s appeal is directed against

the or

der

dated

25th

Febr

uary
1999
passed

the
learned

Single

Judge
in

notice

motion
No.158

1997.
The

plaintiff

in
his

capacity

a
child
of

ex-

serviceman
was

allotted

the
ten

ement

the
Maharash

tra

Housing
and

Area

Development

Authori

ty.

The
defendant

his
sister.

transferred

his

entitlement
in
fav

our

of
the

sister.

The

learned

Single

Judge
has
pri

facie
found

that
the

entire

amount

consideration
was

paid

to
MHADA

by
the

defendant

and

there

fore
the
MHAD

appeared
to

have

transferred

the

tenement
in
favou

r
of

the

defendant.

The

learned

Sing

le
Judge
has
th

erefore

held
that

the

2.			After	having hear	d the	learned counsel
appearing		for	appella	nt, we	see	no rea	son	to		interfere
with	the	order	passe	d by	the	learned Sin	gle	Jud	ge.	It
is	prima	facie	clear	from	the	record tha	t	it	is	only at
the	behes	t	of	the plai	ntiff	that the		defen	dant	invested
money	in	the	tene	ment.	Aft	er having	inv	ested	the	money
in	the	tene	ment	by the	def	endant, in	our	o	pinion,	the
plaintiff	is	not	j	ustified	in	going		back	o	n his

After

having hear

d the

learned counsel

appearing

for

appella

nt,
we

see

no
rea

son

interfere

with

the

order

passe

d
by

the

learned
Sin

gle

Jud

ge.

prima

facie

clear

from

the

record
tha

only
at

the

behes

the
plai

ntiff

that
the

defen

dant

invested

money

the

tene

ment.

Aft

er
having

inv

ested

the

money

the

tene

ment

by
the

def

endant,
in

our

pinion,

the

plaintiff

not

ustified

going

back

n
his

Narendrkumar R.Parashar v. Asha S.Vyas

Case brief

What is this about?

What did the court decide?

Narendrkumar R.Parashar v. Asha S.Vyas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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