The court ordered Jyoti Builders and Developers to hand over one flat to Sakarlal Sheth and another to his son Bakul in a residential complex at Malad. The Jyoti Builders and Developers had earlier refused to hand over both the flats to the Sheths and was willing to offer only one flat to them, even though the latter had made payments for both apartments.

When, in 1991, the Jyoti Builders and Developers announced a residential project at Malad, the Sheths booked two flats in the building. It was decided that Rs 2.65 lakh would be paid in cash and Rs 3.45 lakh by cheque. The Sheths made the payments accordingly, and the Jyoti Builders and Developers proceeded with construction of the building.

In due course of time, when the building was ready for occupation, the Jyoti Builders and Developers simply refused to hand over theflats to the Sheths saying that the payment had been made for one flat only. The Sheths then moved the civil court, which decided in favour of the builder. The Sheths then challenged the civil court order in the Bombay High Court, which found that the lower court order was improper. The High Court then referred the case back to the civil court with a direction to expedite the hearing.

The civil court reheard the matter and discovered that the Jyoti Builders and Developers had been hiding facts about the payment made by the Sheths towards booking of the flats. The court then directed the Jyoti Builders and Developers to hand over possession of two flats to the Sheths on payment of the balance amount.

While advocate M P Vashi represented the Sheths, Ms Adhia and Adhia represented the Jyoti Builders and Developers.