JAMNABAI Vs. NARMADASHANKAR

JUDGEMENT

(1.) THE appellant No, 1 Jamnabai is the widow of one Manoharlal Jaiswal who died on 27 -2 -1955 and the appellant No. 2 Kamlabai is his predeceased son's widow. On 4 -2 -1956 they brought a suit against the Respondent Narmadashankar who is the surviving son of deceased Manoharlal for partition of property alleged to belong to the joint family consisting of themselves and the Defendant. The suit is filed in the Court of District Judge, Ujjain and the claim is valued at Rs. 3,05,375/3/4. Along with the plaint the Plaintiffs filed a special application under the previsions of Order 39 Rules 1 & 2 and Section 151 Code of Civil Procedure Code. The application was summarily rejected by the trial Court as It was of opinion that the Plaintiffs' Interest was sufficiently protected by the principle of lis pendens, and it was not necessary to issue a temporary injunction in this case. Aggrieved by this order the Plaintiffs have preferred this appeal under the provisions of Order 43 Rule 1, C.P.C.

(2.) IN the application for temporary injunction, the Plaintiffs alleged that the Defendant was treating the property in suit as his exclusive property and was alienating it; that he bad already sold four houses and realized a sum of Rs. 18,7 00/ -, and was likely to sell other property; that he should therefore be restrained from making any further alienations and be directed to maintain proper accounts of the shop and the income of the property.

(3.) THE question is, whether on the facts alleged In the application and the claim set out in the plaint, this is a fit case for granting temporary injunction under Order 39 R. 1.