SRI SYED SAJEED PASHA Vs. SRI IDRIS BURHAN

JUDGEMENT

(1.) This appeal is filed by the plaintiff aggrieved by the Order of the trial Court dated 13.04.2017 dismissing the application filed under Order 39 Rules 1 and 2 of CPC.

(2.) Plaintiff's case is that, he is in possession of the suit property on the strength of a Lease Agreement executed by one Mr. Safeer Burhan for a period of five years on receiving Rs.10,00,000/- from him. Plaintiff alleged that on 14.03.2017 the defendant i.e., son of Safeer Burhan tried to dispossess him unlawfully from the suit property and therefore he filed a suit for permanent injunction. He also filed an application under Order 39 Rules 1 and 2 of CPC seeking an order of temporary injunction.

(3.) The defendant's case is that the plaintiff is not in possession of the suit property. The plaintiff is none other than his brother-in-law. Suit property earlier belonged to his father, who gifted the same to him by executing Gift Deed on 28.08.2013. On the basis of the said Gift Deed, he became the absolute owner of the suit property. Since the defendant's father was not keeping good health, the plaintiff's wife, i.e., his sister used to visit his house to look after her father. At that time, the plaintiff and his wife requested the defendant for financial assistance, accordingly, the defendant paid an amount of Rs.6,00,000/- to the plaintiff's wife on different dates. She acknowledged the receipt of this amount and she removed all her belongings from the ground floor of the suit property.