HAVEN ANSEL MENDES Vs. EDWARD LAWRENCE GOMES

JUDGEMENT

(1.) THIS Notice of Motion is taken out by the Plaintiffs for temporary injunction restraining the Defendants from carrying on any construction on the suit property and also for restraining them from creating any third party interest in the property.

(2.) THE case of the Plaintiffs is that the property was originally owned by one Lawrence, who left behind two sons namely Defendant No.1 and Defendant No.2 and two daughters, of whom the present Plaintiffs are the legal representatives. According to the Plaintiffs, the Defendants Nos.1 & 2 have sold this property to the other defendants. According to the Plaintiffs, the daughters of Lawrence had equal shares in the property alongwith the son and therefore the Defendants Nos.1 & 2 could not have conveyed the entire property to the other Defendants. The Plaintiffs, therefore, in the suit, claim a decree of declaration that the Defendants Nos.1 & 2 could not have transferred the share of their sisters in the suit property. According to the Defendants, the sisters through whom the present Plaintiffs are claiming had relinquished their share in favour of the Defendants Nos.1 & 2. According to the Defendants, the Plaintiffs have signed a declaration dated 7th March, 1995, wherein they have stated that they have gone through the document. According to them the sisters had given up their rights in favour of the brothers. The learned Counsel for the defendants also produced before me the original of the declaration signed by the Plaintiffs showing that they have been paid some amounts by the Defendants Nos.1 & 2 and they have declared that they have no interest in the property. According to the Defendants, the construction on the property started in the year 1989 and completed in the year 1994. According to the Defendants, Plaintiffs live nearby and they have full knowledge of the construction activity, and therefore, the Plaintiffs are not entitled to any temporary injunction sought by them in this Notice of Motion.

(3.) TAKING over all view of the matter, therefore, in my opinion, as the Plaintiffs have not approached the, Court with clean hand, the Plaintiffs are not entitled to relief of temporary injunction, which is sought by this Notice of Motion. Notice of Motion is therefore, disposed of.