DEEPTI SIVAN Vs. JYOTHI HARIDRANATH

JUDGEMENT

(1.) The Revision Petition is preferred by the defendant in OS No.1074/2024 of the Rent Control Court, Thiruvananthapuram being aggrieved by order dtd. 11/9/2024, whereby the petitioner's objection to the Suit was declined. The parties in the Revision Petition will hereinafter be referred as to their status before the trial court.

(2.) Originally the suit is for a mandatory injunction. The plaintiff and the defendant are sisters. They are the children of late Vasantha Pillai, who died on 22/2/2022, intestate, as far as plaint A schedule property is concerned. Plaint A schedule is nothing but a de-mat account with the Sharekhan Limited in the name of late Vasantha Pillai. The defendant was a nominee of the mother in the de-mat account No.1208670001323727 with HDFC Securities.

(3.) When the plaintiff verified the status of the de-mat account in the name of her mother with the HDFC Securities, it was informed that the said account was closed on 18/4/2022 by the defendant. She had transferred the entire holdings belonging to her mother by using her status as the nominee to the mother. She has been in possession of holdings of the account for more than the last two years. She has neither disclosed anything about the transactions in the mother's de-mat account nor she had accounted or transferred 1/4th right of the value and profits of those shares, which is transferred to de-mat account Number 12036000-05582065 with Sharekhan Limited, which is plaint B schedule.