Mrs Sabherwal was facing eviction from her home, bought in the names of her two sons in 1987 with family assets and a mortgage.
The three key issues were Mrs Sabherwal was found to have an equitable interest in the property.
Lord Justice Walker went to some length in his judgment to detail the family financial history, which showed that Mrs Sabherwal had contributed to the purchase price of the house (although the question of by how much was not considered).
These being the case, the court appears to conclude that Mrs Sabherwal had an overriding interest.
Despite searching at length for a reason why he should not, Walker LJ ultimately concluded that the precedent in City of London Building Society v Flegg should apply and Mrs Sabherwal’s interest was perfectly capable of being overreached and as the respondent had loaned capital money to two individuals – the sons – they had succeeded in overreaching her interest.