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MILIND N. JADHA
Sudha Aziz Jhaveri – Appellant
Versus
Bharat Amarchand Doshi – Respondent
JUDGMENT :
1. Heard Mr. Kadam learned Senior Advocate for Plaintiffs; Mr.Cama, learned Advocate for Defendant No.1 and Mr. Kachwala, learned Advocate for Defendant Nos.2 and 3.
2. The present Notice of Motion is filed in 2015 for the following reliefs:
(b) that pending the hearing and final disposal of the suit, this Hon’ble Court be pleased to appoint the Court Receiver, High Court, Bombay as the Receiver of the suit property with all powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908, including to collect all r
The main legal point established in the judgment is the court's authority to appoint a Receiver for a property dispute, based on the failure of the Defendant to substantiate his claim and the wastage....
The court held that a prima facie case was made out on behalf of the plaintiff to continue to occupy the portion of the suit property occupied by her, that the rights of the plaintiff in respect of t....
The validity of a registered gift deed remains intact until challenged; possession claims must be supported by substantial evidence rather than mere assertions.
The plaintiff failed to prove joint ownership of the property or contribution to its acquisition, affirming that self-acquired property cannot be claimed as joint without evidence.
Civil Law - Civil Suit - Seeks rejection of plaint - Restoration of possession - When and from whom plaintiff came into lawful possession of the property, and entitlement of plaintiff to restoration ....
The possession of ancestral property presumes ownership unless proven otherwise, and the burden of proof lies with the party asserting a claim to the property.
The court emphasized the importance of clear, unambiguous, and unconditional admissions for the exercise of discretion under Order XII Rule 6 of the CPC and highlighted the principle that possession ....
Ownership must be established through substantial evidence; mere possession and prior admissions are insufficient to prove title in property disputes.
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