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Chhokar v Chhokar [1984]

Facts

  • Both Mr and Mrs Chhokar left their matrimonial home, to which they had both contributed, to visit India
  • Mr Chhokar was the sole registered proprietor of the estate which contained the home
  • Mr Chhokar abandoned Mrs Chhokar whilst in India, and arranged for the sale of the property to a third party, completion to take place on the date of delivery of the couple’s second child, meaning that Mrs Chhokar could not be in the house at the time

Issue

  • Could Mrs Chhokar’s interest take priority over the purchaser’s interest?

Decision

  • Yes

Reasoning

  • Mrs Chhokar’s contribution provided her with a qualifying interest in the estate
  • Mrs Chhokar was in actual occupation of the house; her attendance at hospital did not negate this proposition as a matter of fact or discovery
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