AKSHOD KUMAR SHARMA Vs. TANU SHARMA

JUDGEMENT

(1.) BY the petition, petitioner has assailed an order dated 12th march, 2008 passed by First Appellate Court whereby an appeal of the petitioner against an order of learned Civil Judge dated 22. 8. 2007 dismissing his application under Order 39 Rule 1 and 2 CPC for interim injunction, was dismissed.

(2.) THE brief facts relevant for purpose of deciding this petition are that the petitioner, who is husband, filed a suit against his wife for declaration of permanent and mandatory injunction in respect of house no. E-5/22, Sector 16, Rohini claiming that the property constructed over 60 square meters of plot was purchased by him benami in the name of his wife and daughter and for their benefit and welfare. He has spent a huge amount on its construction. He was dealing in shares and sale-purchase of properties. He used to get money from his foreign based brother, mother and sister. He was living in the property along with his wife and daughter. However, after a dispute between the parties he was falsely implicated in an FIR No. 692/2006 under Section 323/406/498-A/506 IPC and was arrested. After he was bailed out, his wife did not allow him to enter the house and locked the main gate. He wanted a declaration that this property belonged to him and he wanted a permanent injunction that his ingress and egress should not be obstructed by the defendant (wife ).

(3.) IN response to the suit and application under Order 39 Rule 1 and 2 CPC, wife stated that property was purchased by her through her own resources. She was in service with Indian Airlines since 4th October, 1990. Construction over the property was also got done out of her own resources. The plaintiff for most of the times was jobless and had no income. She annexed photo copies of her year-wise salary along with form 16 of Income Tax Return and placed on record documents issued by the concerned authorities detailing various loans she had taken during course of time and stated that she had invested the loan amount in getting the suit property constructed.