JUDGMENT - A.N. MODY, J.:---The plaintiff and the defendant are brothers. Their father Vishnu Narayan Ghatnekar died on 9-5-1969 leaving behind him the plaintiff, the defendant and other children as his heirs. At the time of his death Vishnu hold shares in a co-operative society and was an allottee of a place of land under a lease from the society on which he had put up a building. Vishnu also had filed a nomination with the society nominating the plaintiff as his nominee to whom the shares, the land and the building should be transferred after his death. By virtue of this nomination the plaintiff claims to be the owner of the entire property consisting of shares, land and building. He also claims possession from the defendant by virtue of the said ownership and on the ground that the defendant was in occupation of the property by virtue of a licence granted by the father and that the same had been terminated.

2. It is admitted that the property is that of the father Vishnu. At the time of his death all the heirs of Vishnu become interested in the estate and in ascertainment of what property goes to whom on his death. The suit, therefore, could not have been filed without all the h

Click Here to Read the rest of this document