RAMAVATH HASALA NAIK Vs. SABAHAVATH GOMLI BAI

JUDGEMENT

(1.) THIS is an appeal by the defendant against decree of injunction granted in favour of the plaintiff by the lower appellate Court in AS No.20 of 1992, dated 11.12.1997.

(2.) FOR the sake of convenience, the parties are referred to as they are arrayed in the suit.

(3.) THE said decree was reversed by the lower appellate Court by taking into consideration several admissions of the defendant as DW1 and on the basis of evidence laid by the plaintiff, came to the conclusion that the aspect of validity of gift deed did not arise in a suit of this nature and that the trial Court committed error in not even choosing to discuss the aspect of the possession of the plaintiff and dismissing the suit. THE appellate Court in particular, noted the admission of the defendant that he is not in possession and enjoyment of suit schedule property and that he is in exclusive possession and enjoyment of another Ac. 1.22 cents in the same survey number. THE appellate Court, therefore, was of the view that the plaintiff has established her case and she is entitled to injunction. THE said appellate Court's decree is questioned in this second appeal and at the time of admission, this Court has admitted the appeal on the following substantial questions of law: 1. Whether the plaintiff is entitled to permanent injunction without establishing her possession on the date of filing of the suit? 2. Whether the conveyance made in respect of a joint family property without the consent of the other coparcener is valid? 3. Whether a relief of permanent injunction be granted against a coparcener? Heard both sides.