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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 678 of 2013 (Arising out of SLP (Civil) 31559 of 2012)
Mohd. Mehtab Khan & Ors. ... Appellant(s)
Versus Khushnuma Ibrahim & Ors. ... Respondent(s)
J U D G M E N T
RANJAN GOGOI, J.
Leave granted.
2. Aggrieved by the grant of interim relief by an Appellate Bench of the Bombay High Court in a suit under Section 6 of the Specific Relief Act, 1963 (hereinafter for short the “SR Act”), the present appeal has been filed by the defendants 5, 10 and 11 in the suit. More specifically, by the impugned order dated 09.10.2012 the Receiver of the suit properties appointed by the learned Single Judge has been directed to remain in possession and hand over the same to the respondent Nos.1 and 2 (plaintiffs) who are to be in possession as agents of the Receiver.
3. Before embarking upon the necessary discussion of the factual matrix of the case, an identification of the contesting parties in the manner indicated below would be necessary.
Name
Relationship
Status in the Trial Court
Khunshnuma Ibrahim Khan
Wife of Deceased Ibrahim Khan
Plaintiff No.1
Raghib Ibrahim Khan
Son of Deceased Ibrahim Khan
Plaintiff No.2
Shri Asadullah Khan @ Sameer Khan
Younger Brother of Deceased Ibrahim Khan
Defendant No. 1
Shri Najmuzzaman Khan
Elder Brother of Deceased Ibrahim Khan
Defendant No.2
Smt. Tara Begum
Wife of Defendant No.2
Defendant No.3
Shri Sheheryaar Khan
Son-in-law of Defendant Nos. 2 & 3
Defendant No.4
Mohd.Mehtab Khan
Son from 1st wife of deceased
Defendant No.5
Mohd. Ilyas Khan
Brother of Defendant No.3
Defendant No.6
Mohd. Dayan Khan
Unrelated
Defendant No.7
Smt. Shehzadi
Wife of Defendant No.12
Defendant No.8
Miss Rani
Unrelated
Defendant No.9
Tabish Ebrahim Khan
Son from 2nd wife of Deceased
Defendant No.10
Kamran Khan
Son from 1st wife of Deceased
Defendant No.11
Zakarullah Khan
Son from 1st wife of Deceased
Defendant No.12
4. The plaintiff No. 1 claims to be the 3rd wife of one Ibrahim Khan whereas the plaintiff No. 2 is the son of the first plaintiff and Ibrahim Khan. According to the plaintiffs, Ibrahim Khan and the first plaintiff were married in the year 1993 and out of the said wedlock the plaintiff No. 2 was born some time in the year 1996. The plaintiffs claim that they alongwith Ibrahim Khan were residing in flat No. A-505, Noor-e-Jahan Complex, Pipe Road, Kurla (West), Mumbai and that they were also in occupation of an office being 201/202, 2nd floor in the Big 3 Building, 88, Anandilal Poddar Marg, Marine Lines, Mumbai from where the first plaintiff was carrying on her profession of advocate and solicitors in the name of M/s. K.K. Associates. It is the case of the plaintiffs that both the aforesaid properties were the self-acquired properties of Ibrahim Khan and that the suit flat was gifted in favour of the first plaintiff whereas a general power of attorney was executed in favour of the first plaintiff insofar as the suit office is concerned.
5. The further case of the plaintiffs is that Ibrahim Khan had gone to Delhi on 28.11.2011 to attend a wedding. On 1.12.2011 the first plaintiff could come to know that Ibrahim Khan had suffered a brain hemorrhage and was admitted in the hospital. According to the plaintiffs, they took an early morning flight to Delhi on the very next day. However, at about 9.30/10.00 O’Clock in the morning, Ibrahim Khan died. Thereafter, at the insistence of the first defendant (brother of the deceased) the body of the deceased was taken to Bhagalpur, Bihar which was the native place of Ibrahim Khan. The plaintiffs accompanied the body of the deceased to Bhagalpur and the last rites were performed at the said place in the afternoon of 4.12.2011. On 5.12.2011 the plaintiff No. 1 received a call from her next door neighbour, one Nadeem, that the lock of the suit flat was broken and a new lock had been placed by s
