|
''Chhokar v Chhokar'' () FLR 313 is an English land law case, concerning the meaning of actual occupation for the purpose of securing an overriding interest. ==Facts== - Mr and Mrs Chhokar married on 18 April 1975. - May 1977: Mr Chhokar bought 60 Clarence Street, Southall, for the purchase price of £9250 with a deposit of £700. - Mrs Chhokar substantially contributed to the family fortunes to the tune of approximately £3000. - 1978: There were matrimonial difficulties and they both travelled to India to visit their parents. Mr Chhokar tries to abandon her in India but Mrs Chhokar returns in November 1978, a few weeks later. - December 1978: An acquaintance of Mr Chhokar, Mr Parmar, visits the house under the guise of a potential lodger. They sign a contract of sale for the marital home for £12000 (an undervalue) and the date of completion was fixed at 12 February. This was the date on which Mrs Chhokar was scheduled to deliver their second child in hospital. - However, Mrs Chhokar did not deliver on 12 February. She delivered on 19 February and so Mr Chhokar and Mr Parmar deferred the completion of the sale to that day. Mr Parmar then put the house on the market for £18,000. - When Mrs Chhokar returned, she discovered the locks had been changed. She broke in but was forced out by Mr Parmar who threatened and assaulted her. - Mrs Chhokar managed to gain entry to the house again and stayed put. - The question for the court was whether Mrs Chhokar could be said to be in 'actual occupation' even though she wasn't physically present in the house at the time of the sale. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Chhokar v Chhokar」の詳細全文を読む スポンサード リンク
|