1 CHS318.07.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 318 OF 2007 IN EXECUTION APPLICATION NO. 242 OF 2005 IN SUMMARY SUIT NO. 4759 OF 1997 SICOM Ltd. ... Plaintiffs. V/s. Mr. Rajkumar Govil & Ors. ... Defendants. And Ms. Helen Shah alias Ms. Helen Samuel. ... Applicant. Mr. Prakash Punjabi for the Plaintiffs. Mr. Y.R. Dube for the Applicant. CORAM : R.Y. GANOO, J. DATED : 10th JANUARY 2011. P.C. :- This Chamber Summons is taken out by Ms. Helen Shah, who claims that the flat in respect of which decree is sought to be executed is owned by her and that decree cannot be executed qua the said flat. 2. I have heard learned Counsels on both sides. The Plaintiffs filed a Suit against in all five Defendants including 2 CHS318.07.sxw Mr. Sunil Shah. Decree dated 3rd October 2001 came to be passed and since the Suit flat set out in prayer clause (a) was also owned by said Mr. Sunil Shah, the said flat came to be attached in execution of the decree. The present Applicant has now taken out this Chamber Summons claiming that the said flat is totally owned by her and as such the decree cannot be executed qua the said flat. In support of the said contention that the said flat is totally owned by her, in paragraph 6 of the affidavit in support of this Chamber Summons stated that the said flat was purchased by the said Applicant and her husband i.e. Defendant No.3 in 1991 from one Mr. C.K. Kutty. She has further stated that on account of some dispute between her and her husband - Defendant No.3, they decided to separate and a deed of divorce dated 22nd November 1999 was executed by and between the parties to separate. It is also the stand of the Applicant that the said flat was to go in favour of the Applicant as said Mr. Shah relinquish his rights. It is the contention of the Applicant that this development was brought to the notice of the Co-operative Society and the Co-operative Society has carried out mutation in the share certificate showing the Applicant as full fledged member of the Society. 3. According to the learned Counsel for the Applicant, on account of the developments set out in paragraph 6, the Applicant should be treated as full owner of the said flat and therefore, attachment has got to be raised. 3 CHS318.07.sxw 4. Learned Counsel for the Claimant contended that even if what is contended in paragraph 6 of the affidavit in support of the Chamber Summons is accepted as it is, no document is executed by Mr. Sunil Shah to convey his share in the said flat in favour of the present Applicant. A mere entry in the records of the Co-operative Society showing the Applicant as a full fledged member is not sufficient to convey upon the Applicant the title in respect of the suit flat. He submitted that despite what is stated in paragraph 6 of the affidavit in support as of today, Mr. Sunil Shah has half share in the suit flat as evidenced by the share certificate and on the basis of the record found out by the decree holder, he prayed for dismissal of the Chamber Summons. 5. Having considered the record, I am inclined to accept the submissions advanced by learned Counsel Mr. Punjabi appearing on behalf of the Claimant. Though it may have been agreed between the Applicant and Mr. Shah that after a particular date, the flat would be fully owned by the Applicant. The document conveying title in the said flat by Mr. Sunil Shah is not executed in favour of the Applicant. If this is the position, mere change of record in the books of Society by itself does not confer any right as full owner of the flat. As of today, Mr. Shah has the half share. Hence, attachment levied in regard to the said flat cannot be raised and that the said flat can be sold to the extent of half share for execution of the decree against Mr. Sunil Shah. 4 CHS318.07.sxw 6. Hence, Chamber Summons is dismissed. There shall be no order as to costs. It is clarified that execution to proceed as against the said flat to the extent of half share of Mr. Sunil Shah in the said flat. (R.Y. GANOO, J.)