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
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
