In a partition suit involving property purchased by a company, the court held that shareholders do not own specific property shares. The suit was dismissed as the company is a separate legal entity.
Notice of Motion dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
40.nms.226.11.sxw
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.226 OF 2011
IN
SUIT NO.76 OF 2011
Shaukat Ahmed Dayani .. Plaintiff versus Abbas Ali Yusufbhai Asamdi ..Defendant -------------------------Mr.S.C.Jodhavat,for the Plaintiff. None for the Defendant.
CORAM: S.J.VAZIFDAR, J.
DATED: JUNE 8, 2011
P.C.
The Suit for partition is entirely misconceived. The property
was purchased by a company M/s.Shaab Properties Develop Pvt Ltd. The Plaintiff contends that the Defendant and he are only shareholders of the company and that they are accordingly the owners of the property and entitled to partition thereof.
2 The company is a separate legal entity. The shareholders do not have a interest in any particular part of the properties of the company entitling them to the partitioned thereof.
In the circumstance, the Notice of Motion is dismissed.
1 issue framed by the court
Whether shareholders of a company owning a property can file a partition suit against each other.
S.J.Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
