K. MOHAMMED YOUNUS Vs. SHAZAMA SULTANA

JUDGEMENT

(1.) This matter was heard in part earlier and today, I have heard the learned counsel for the appellants and learned counsel for the respondents.

(2.) This appeal is filed challenging the order dtd. 22/5/2023 passed on I.A.NO.1/2023 in O.S.No.863/2023 passed by the Trial Court in granting an order of injunction against the appellants by allowing the application filed under Order 39, Rule 1 and 2 read with Sec. 151 of C.P.C. directing the tenants, who have been arrayed as defendant Nos.7 to 17 to deposit the rent pertaining to their tenements in the suit schedule property to the savings back account of the plaintiff namely, Mrs. Shazaman Sultana bearing Account No.1262500100438901 from the date of the order and while passing the order, it was also made clear that the amount deposited by the tenants to the plaintiff's bank account is subject to other terms and conditions of the Memorandum of Understanding ('MOU' for short) dtd. 13/6/2019.

(3.) The main contention of the respondent No.1- plaintiff before the Trial Court is that the property belongs to her and she executed the gift deed in favour of her children i.e., defendant Nos.1 to 3 on 13/6/2019 and the same is executed in good faith that the sons will comply with the terms and conditions of the MOU, since on the date of the execution of the gift deed, a MOU was also entered into between the parties with the conditions, wherein a specific averment is made that the rents which have been collected by the tenants have to be transferred to the account of the plaintiff and they failed to comply with the terms and conditions of MOU and since they failed to deposit the rent to the plaintiff's account as agreed, there is a clear violation of the terms and condition of MOU dtd. 13/6/2019 and sought for declaration that the gift deed dtd. 13/6/2019 be revoked and direct the defendant Nos.7 to 17 to deposit the rent to the plaintiff's bank account and also sought for the relief of temporary injunction, wherein prayed the Court to direct the tenants to deposit the rent and reiterated the averments of the plaint in the application. In support of the application, an affidavit is sworn to reiterating the grounds of the plaint and contend that there is a clear violation of terms and conditions of the MOU.