MALA GURUDAS GAUDE MAJOR Vs. LAXMI RAMA GAUDE

JUDGEMENT

(1.) THE defendants in Special Civil Suit No. 118/92 on the file of the Civil Judge, Senior Division, Ponda, have filed this Appeal being aggrieved by an interim order passed by the lower Court on 1st November, 1993. By the impugned order, the appellant was restrained from alienating the suit property. It also ordered that the plaintiffs, namely the respondents herein could enjoy the house which is included in the subject-matter of the suit.

(2.) IT is the case of the plaintiff/respondent Rama Gauda that he was the original tenant of the suit property and he was residing with his family in the suit property alongwith his wife and children. Since Rama Gaude died, the plaintiff No. 1 is the widow of Rama Gaude and the plaintiff No. 2, the second son of the deceased Rama Gaude. Defendant No. 1 who is the widow of the deceased Gurudas Gaude, the first son of Rama Gaude, became entitled to the property. The defendant No. 2 is the minor daughter of Gurudas. It is also the case of the plaintiffs that on an understanding with the landlord the property was agreed to be purchased in the name of the plaintiff No. 1, widow of Rama Gaude. It is further alleged that contrary to this understanding, Gurudas while he was alive, played a fraud on the other plaintiffs and took the documents in his name though the entire consideration has been contributed by all the members of the family. It is apprehended by the plaintiffs that the suit property is going to be alienated by defendant No. 1. Plaintiffs also apprehend that also they are going to be dispossessed from the suit property.

(3.) THE Court below, presumably, having regard to the relationship between the plaintiffs and the defendants has granted the application for injunction partly.