SANJAY PAREEK Vs. MADHUSHREE SHARMA

JUDGEMENT

(1.) The present appeal questions the legality and tenability of the judgment and decree dtd. 31/8/2019 passed by the learned Judge, City Civil Court, III Bench, Calcutta in Title Suit no. 1763 of 2001 whereby the suit was decreed in part directing the appellants to refund the ornaments described in the schedule (a) (i) and (iii), appended to the plaint but the prayer for refund of other articles and cash of Rs.3,41,000.00 were turned down. The respondents also preferred a cross-objection under Order 41 Rule 22 of the Code being COT 15 of 2022. The said cross-objection is treated as on day's list and is taken up for hearing along with the appeal.

(2.) The necessitous facts required to be adumbrated for the purpose of effective adjudication of the appeal are that one Smt. Madhushree Sharma (in short, Madhu) filed Title Suit no. 1763 of 2001 for declaration and injunction contending, inter alia, that she was given in marriage with one Sanjay Pareek (in short, Sanjay), the appellant no.1 on 18/2/1999 and the rest appellants happen to be her parents-in-law.

(3.) She claimed that in the engagement ceremony held on 20/5/1997, gold ornaments and other items worth Rs.25,000.00 were given to Sanjay by her father, and at the time of marriage, her father, namely, Mohanlal Pareek (in short, Mohanlal) gifted various gold ornaments and diamond jewelleries and silver sets worth Rs.2,00,000.00 along with other house hold articles and cloths which are her absolute properties and when she was leading her nuptial life, then Mohanlal gave gold ornaments and other articles worth Rs.50,000.00.