SUKRITI MAINGI Vs. INDRANI CHOWDHARY

JUDGEMENT

(1.) The Plaintiff has sued for recovery of possession of flat No.18/A in Sparsh Co- operative Housing Society at Janakalyan Nagar, Marve Road, Malad (West), Mumbai- 400 095 (the suit flat) from Defendant Nos.1, 2 and 3 on title under Section 5 of the Specific Relief Act.

(2.) The Plaintiff is the proprietress of M/s.Global Maritime Organisation. She has shown her title under the Deed of Sale dated 21.8.1992 produced by her in evidence along with the share certificate issued by Sparsh Co-operative Housing Society showing the admission of the Plaintiff's proprietary concern as a member upon the shares being transferred to her on and from 14.3.1992.

(3.) It is the Plaintiff's case that the husband of Defendant No.1, who was the father of Defendant Nos.2 and 3, (since deceased) was employed by Defendant No.4-Company in which the Plaintiff as well as her husband were Directors. He was given occupation of the suit flat during his service under his letter of appointment. The employment of the deceased under the letter of appointment is admitted. The deceased died in harness. His employment came to be terminated upon his death. It is claimed by the Plaintiff that upon such termination the suit flat was to be vacated and his possession handed over to the Plaintiff.