JUGDMENT - DAGA V.C., J.:---The source of this appeal is a dispute between husband and wife for the property being flat No. 105, located on the first floor of the building, namely, Sai Chhaya Apartment, Akurly Road, Kandivali (E), Mumbai- 400 001 (hereinafter referred to as the "said flat" for the sake of brevity).

FACTS IN BRIEF

2. The facts giving rise to the present appeal, in nut shell, are as under:

The appellant (wife) instituted matrimonial litigation by presenting petition under section 28 of the Special Marriage Act for dissolution of the marriage in Second Family Court, Bandra (Mumbai) being M.J. Petition No. 845 of 1987. The cross petitions were also filed bearing Nos. 847 of 1987 and 701 of 1987. During the pendency of the said proceedings, consent terms were arrived at between the appellant and the respondent dissolving their marriage under section 13-B of the Hindu Marriage Act. The remaining dispute centered around the said flat, as such, the present appeal is restricted to the said flat in question.

3. In view of consent terms filed by the parties hereto, the appellant was allowed to amend Petition No. 845 of 1987 and Petition No. 701 of 1987 was allowed to be withdrawn.

4. In view of the amendment to the petition, the appellant (wife) was allowed to claim interest in the property. The appellate (wife) claimed interest in the said flat on the ground that under a registered agreement dated 24th June, 1982 the appellant (wife) and the respondent (husband) have jointly acquired flat No. 105 located on the ground floor of the building known as Sai Chhaya situated at Akurly Road, Kandivali (E), Mumbai-400 101, as such, both of them have a right, title and interest in the said flat in the ratio of 50:50. It is not in dispute that the said flat was allotted to the parties to the present appeal by way of an alternate accommodation to them without any consideration by the builder and developer of the building in lieu of the accommodation surrendered by them which they were occupying as residential accommodation for their residence. The share certificate issued by the Sai Chhaya Co-operative Housing Society Limited ("Society" for short) showing membership of the society and consequently interest in the said flat is also in the joint name of the appellant and the respondent. In the agreement in question and in the share certificate issued by the Society the appellant and the respondent are shown as joint owners of the said flat. The respondent (husband) admitted the contents of the said documents by filing purshis. As a matter of fact, both of them relied upon the said documents. Based on these documents, the appellant claimed ownership to the extent of her 50% interest in the said flat. She did not lead any oral evidence in view of admission of the said documents and contents thereof by the respondent (husband).

5. The case of the appellant is that the said flat, which was also her matrimonial home, was jointly owned and possessed by the appellant and the respondent in view of the joint agreement dated 24th June, 1982 showing joint ownership and joint share certificate issued by the society. She, therefore, claimed to be the joint owner of the said flat and entitled to have 50% share of the said flat.

6. The case sought to be made out by the respondent (husband) was that, after their marriage they resided at Phulachi Wadi, which was a small chawl in Ashok Nagar, Kandivli (E), Mumbai. It was a rented premises admeasuring 1,200 sq. ft. One A.D. Joshi was the owner of the said premises. As the owner wanted the said premises to be assessed to property tax, the respondent got the said premises assessed in the year 1970 and rent was in the form of payment of assessment tax to the Municipal Corporation. The assessment receipt was to be in the name of the owner Shri Joshi. He further pleaded that one Harsh Builder made a proposal in the year 1978 vide a letter dated 1st August, 1978 and offered to give substitute accommodation in lie

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