JOSEPH Vs. JOHNY

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.654 of 2012 of the Court of the Subordinate Judge, Irinjalakuda (trial court). The respondents in the second appeal are the defendants in the suit. The parties are, for the sake of convenience, referred to as per their status in the original suit.

(2.) The plaintiff had sought a decree for declaration and permanent prohibitory injunction. The case of the plaintiff in a nut shell is that, he was conducting a photo frame manufacturing unit named JJ Timbers (in short 'Unit'), which he started nine years prior to the filing of the suit. The 2nd defendant is his sister and the 1st defendant is the husband of the 2nd defendant. The plaintiff is residing in the plaint schedule property with his family. The plaintiff started the Unit with the consideration he received by selling another Unit at Angamaly. The plaint schedule property originally belonged to the 1st defendant, who transferred the same to the 2nd defendant. The plaintiff is suffering from 50% permanent disability. Since he is disabled he could not visit the statutory authorities. Hence, all the licences and permissions for starting the Unit were taken in the name of the 2nd defendant. The 1st defendant is helping the plaintiff in the business. The plaintiff demanded an amount Rupees Five Lakh for upgrading the Unit. From thereon, the defendants turned inimical towards him. They threatened to take away the machineries from the Unit and disconnected the electricity and water connection. Hence the suit.

(3.) The Trial Court, after considering the pleadings and materials on record, dismissed the suit and allowed the counter claim by directing the plaintiff to vacate the counter claim schedule building within a period of two months and pay an amount of Rs.2,000/- per month from 04.07.2012 till the 2nd defendant obtains possession of the building or till the expiration of three years from the date of decree, whichever even first occurs.