SURESH CHAND JAIN Vs. SIRI CHAND JAIN ANOTHER

JUDGEMENT

(1.) This appeal is against the order passed on 22.8.2000 by learned Single Judge dismissing the appellant's application (I.A. 6058/2000) filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure and thereby vacating the ex-parte ad interim order of injunction granted on 14.6.2000.

(2.) The appellant is the son of respondent No. 1 and brother of respondent No. 2 and filed suit for grant of a decree for injunction restraining the defendants from transferring, alienating or parting with, disposing of or collecting rent or in any way interfering with properties bearing Nos. 2739 to 2745, Sushila Mohan Marg, Naya Bazar, Delhi. It was alleged that the property has been purchased out of funds of Joint Hindu Undivided Family in the name of respondent No. 1, the father and the karta of the Joint Hindu Family. Partition has not taken place till date. The appellant, the respondents with various other members constitute the Joint Hindu Family who own several properties in U.P. also. The property located in Delhi is being looked after by the plaintiff/appellant since long and under an arrangement arrived at between him and respondent No. 1, he was authorised by respondent No. 1 to let-out the same. An irrevocable general power of attorney is also alleged to have been executed authorising the appellant to realise the rent. It was alleged that he has also acquired rights over the properties by way of adverse possession and thereby was entitled to exclude the respondents from interfering with his rights to manage the property and to collect its rent. The defendants were trying to deprive the appellant of the benefit of the property, which necessitated his filing the suit and claiming injunction. Alongwith the suit an application under Order 39, Rules 1 and 2, Civil Procedure Code was filed. Ad interim injunction, as prayed for, was granted restraining the respondents from transferring, alienating or parting with the property. The defendants/respondents resisted the suit. Defendant No. 1 denied that it was Joint Hindu Family. Property nor was acquired with the aid of joint funds. Defendant No. 1 claimed the suit property to be his exclusive property having been purchased with individual funds and having been shown as his individual property in Income Tax and Wealth Tax returns as well.

(3.) Learned Single Judge considering the pleadings of the parties and material available on record came to the conclusion that the plaintiff had failed to establish even a prima facie case for grant of injunction. While vacating the ex-parte injunction the application for interim relief was dismissed. Appeal is against the said order.