High Court Kerala High Court

Balan vs Baby Girija on 4 June, 2008

Kerala High Court
Balan vs Baby Girija on 4 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 562 of 2007()


1. BALAN, S/O. SANKARAN,
                      ...  Petitioner

                        Vs



1. BABY GIRIJA, D/O. VASU,
                       ...       Respondent

                For Petitioner  :SRI.G.S.REGHUNATH

                For Respondent  :SMT.K.KUSUMAM

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :04/06/2008

 O R D E R
               J.B.Koshy & P.N.Ravindran, JJ.
              =====================
                 Mat.Appeal No.562 of 2007
              =====================

            Dated this the 4th day of June, 2008.

                          JUDGMENT

Koshy,J.

The appellant-petitioner filed an application for injunction

restraining the respondent from evicting him from 25 cents of

land and a shop room thereon. The respondent is the wife of the

appellant. They had two daughters. The disputes arose between

the husband and wife and the matter was settled. As a result of

this, the above land and the shop room were gifted by the

respondent – wife to her eldest daughter. The appellant also

gifted some property to another daughter and also agreed to live

together. The petition schedule property was originally owned by

the father of the respondent-wife, which was gifted to her and

she was the owner and she executed a deed in favour of her

eldest daughter. However, in the deed there was a provision that

the appellant has got right to continue his possession and

enjoyment over the petition schedule property along with the

Mat Appeal No.562/07 -: 2 :-

respondent. But subsequently disputes arose and that the claim

was covered by Ext.B2.

2. The contention of the appellant is that Ext.B2 revocation

cannot be acted upon. But it is the admitted fact that the

petition schedule building was originally owned by the respondent

and it was gifted to her daughter. Ext.A1 is the copy of the

licence to possess explosives for own use. But that will not show

that he has license in 2001 and that he was in possession of the

building or that he was running any shop in the building. The

owner of the building was not made a party. Therefore, the

Family Court Judge held as follows:

“16. The only question to be considered is,

whether the petitioner is entitled to get an injunction

restraining the respondent from forcibly evicting him

from the petition schedule shop rooms and from

obstructing his peaceful possession and enjoyment of

the scheduled property. As earlier pointed out, in

view of Ext.B1 and Ext.B2 the petitioner has

absolutely no right over the petition schedule

property and the shop building situated therein. The

property belongs to his daughter who is not a party

in this case. There is no clear evidence to show that

Mat Appeal No.562/07 -: 3 :-

he was actually in occupation of the building at the

time of filing the O.P. The apprehension of the

petitioner is that he would be forcibly evicted from

the petition schedule shop room. As earlier

indicated since the petitioner is not having any right

or possession over the petition schedule property, he

cannot seek any injunction against the respondent.

Hence I find that the prayer for injunction is to be

disallowed. Point found accordingly.”

3. We fully agree with the above findings. The petitioner

was never the owner of the building and in possession of the

building. The petitioner and the respondent are not in cordial

terms and the gift deed itself was executed for settling their

disputes. The petitioner was not able to convince that he has got

any right in the shop building.

Since we fully agree with the views of the Family Court, we

dismiss the appeal.

J.B.Koshy,
Judge.

P.N.Ravindran,
Judge.

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