The properties and assets of the deceased Sureshchandra Jhaveri, the Plaintiff claimed entitlements to various properties and movable assets, arguing they were part of Jhaveri's estate. The Defendants provided documentary evidence to refute these claims, asserting that the properties were independently acquired or legally transferred. The court evaluated the arguments and evidence, ruling largely in favor of the Defendants, dismissing most of the Plaintiff's claims but recognizing her entitlement to a partial share in one property and some movable assets.

1. Plaintiff's Submissions:

   • Referenced Cases:
     • Kalwa Devadattam and Ors. Vs. Union of India and Ors.
     • Bhimavarapu Subba Reddy and Ors. Vs. B. Nagireddy and Ors.
     • Rajendra Nath Majhi Vs. Ttustu Charan Das & Anr.
     • Adiveppa and Ors. Vs. Bhimappa & Anr.
     • M/s. ICICI Bank Ltd. Vs. Surbhi Gupta
     • Pradeep Kumar Vs. Mahaveer Prasad
     • Gopal Krishna Ketkar Vs. Mohamed Haji Latif
     • Bhagwan Swaroop Vs. Mool Chand and Ors.

2. Defendants' Submissions:

   • Case Overview:
     • Plaintiff's claims lack supporting documentary evidence.
   • Property Analysis:
     • Soni Chambers Flat:
       • Purchased post-Sureshchandra Jhaveri’s death.
       • Registered sale deed and payment evidence provided.
       • Plaintiff's claim barred by Benami Transactions Act, 1988.
     • BKC Office Premises:
       • Booked by Defendant 1's firm, Suhir Diamonds, in 1991.
       • Payments made by Defendant 1 till 2013.
       • No evidence of ownership by Sureshchandra Jhaveri.
     • Prabhudarshan CHS Flat, Surat:
       • Initially purchased by Sureshchandra Jhaveri, transferred to Defendant 1.
       • Plaintiff’s possible entitlement to 1/16th share.
     • Panchratna Building Office, Surat:
       • Purchased by Defendant 1 in 1983.
       • No documentary evidence supporting Plaintiff’s claim.
   • Movable Assets:
     • Horses:
       • Ownership and sale history detailed by RWITC.
     • LIC Policies:
       • Six policies identified, details provided.
   • Memorandum of Understanding (1989):
     • Plaintiff allegedly waived rights to properties.
     • Plaintiff claims it was signed under misrepresentation and fraud.

3. Conclusion:

   • Defendants' Evidence:
     • Properties not belonging to Sureshchandra Jhaveri.
   • Plaintiff's Failure:
     • Insufficient evidence to prove claims.
   • Legal Bar:
     • Suit barred by Benami Transactions Act, 1988.
   • Request for Dismissal:
     • Defendants urge the court to dismiss the suit.

4. Analysis of Plaintiff’s Claims and Defendants’ Counterclaims on Immovable Properties:

   • Flat in Sony Chamber:
     • Purchased post-Sureshchandra Jhaveri's death; Plaintiff’s claim fails.
   • BKC Office at Bharat Diamond Bourse:
     • Allotment and payments by Defendant 1; Plaintiff’s claim fails.
   • Flat No. 104, Prabhudarshan CHS, Surat:
     • Plaintiff entitled to 1/16th share.
   • Panchratna Office, Surat:
     • Purchased by Defendant 1; Plaintiff’s claim fails.

5. Key Observations:

   • Sony Chamber: Property purchased after Sureshchandra Jhaveri’s death.
   • BKC Office: Payments made by Defendant 1’s firm.
   • Prabhudarshan CHS: Plaintiff entitled to 1/16th share.
   • Panchratna Office: Purchased by Defendant 1.

6. Final Determinations:

   • Plaintiff entitled to Rs. 2,30,250/- plus interest from the sale of Kashinath Building.
   • Plaintiff entitled to 1/16th share in Prabhudarshan CHS.
   • Claims on Sony Chamber and BKC Office dismissed.

7. Implications for Plaintiff:

   • Focus future claims on well-documented evidence.
   • Review legal strategy and gather thorough documentary proof before filing suit.

8. Claims on Movable Properties:

   • Shares claim: Dismissed due to lack of proof.
   • LIC policies: Amounts received by Plaintiff and Defendants; Rs. 50,000/- deposited in court to be shared.
   • Horses: Plaintiff’s claim dismissed; entitled to share of winnings.

9. Entitlement to LIC Policy Proceeds:

   • Rs. 50,000/- deposited in court to be shared among legal heirs.

10. Plaintiff’s Share in Immovable Property:

    • Plaintiff entitled to 1/16th share in Flat No. 104, Prabhudarshan Society, Surat.
    • Amount: Rs. 2,30,250/- with 9% simple interest from 27.10.1993.
    • Payment to be made by Defendant No. 1 within four weeks.

11. Interim Compensation:

    • Rs. 10,000/- monthly compensation to Plaintiff stands discharged.

12. Stay Order and Appeal Period:

    • Stay on judgment for eight weeks to allow Plaintiff to consider an appeal.

13. Decree:

    • Suit decreed as per the court’s terms.

14. Drawing Up Decree:

    • Decree to be drawn accordingly.

15. Disposal of Interim Application:

    • Interim Application No. 2696 of 2020 stands disposed of.