BELCITA VINCENT GOMEZ Vs. VINCENT GOMEZ AND ORS

JUDGEMENT

(1.) This appeal arises out of the judgment in O.S.No.203 of 2001 of Family Court, Kollam, which was filed by the respondent husband for declaration of title and recovery of possession and injunction restraining the appellant wife from interfering with his possession of the property.

(2.) The brief facts of the case, according to the plaintiff, are as follows. Plaintiff married the defendant on 15.12.1974 at Fathima Shrine, Kollam, as per christian customary rites and she was given two sovereigns of gold and Rs.1000/- by her parents since her family, consisting of five daughters and one son, was very poor. At that time, plaintiff was conducting a workshop at Kollam and in the year 1980, he went to Gulf entrusting his workshop to his younger brother. But since he could not secure an attractive employment, he returned to his native place within one year and again conducted the workshop. While so, he again left to U.A.E on 16.10.1983 and obtained a job in Razalkhaima as a Vehicle Mechanic. Before leaving to Razalkhaima, he sold his car and had received the prize money of a chitty he had subscribed. Out of this, Rs.30,000/- was entrusted with the defendant and the balance amount was utilized for his travel expenses to Razalkhaima. According to him, utilizing a portion of the amount entrusted to her, defendant purchased plaint schedule item No.1 property and the sale deed was executed in her name. She enjoyed the property as a trustee of the plaintiff and was a loving and trustworthy wife during that period.

(3.) In the year 1986, the plaintiff started a garage and workshop in Razalkhaima, which was conducted very profitably and in the same year, defendant came there and resided with the plaintiff, without any employment or income. They decided to construct a building in the property and with this aim she came to Kerala several times, brought money and gold given by the plaintiff and utilizing that money, the ground floor of the building was completed in the year 1995. Plaintiff had accounts in the branches of Bank of Baroda and State Bank of India, Kollam and through these accounts, he sent money from Gulf. He also entrusted Rupees Twenty Lakhs and 700 sovereigns of gold with the defendant believing that she will utilize it as a trustee. In the year 1997, construction of the first floor was started and was completed in the year 1998. He had also purchased furniture and three airconditioners for the building in item No.1 of the plaint schedule property by spending Rupees Seven lakhs.