9911796707
TMI Blog2022 (6) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... ;B' schedule properties. The respondent is the husband of the appellant and it is his case that he purchased plaint 'A' and 'B' schedule properties in the name of his wife when he was serving in Indian Army as a Subedar. He borrowed money from a bank for purchasing one of the properties and that he himself was repaying the loan though the loan was obtained in the name of his wife. When he learnt that the appellant was about to sell away the properties, he brought the suit claiming declaration of title over the properties and ancillary relief of permanent injunction. Along with the plaint, he made an application for temporary injunction to restrain the appellant from alienating the properties and as it stood allowed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fact remains that the wife has got independent income. No document is produced to show that the respondent made payment of the sale consideration. He might have paid some money towards loan installments, but by that itself he cannot claim right over the property. Even otherwise according to Section 14 of the Hindu Succession Act, the appellant becomes the absolute owner of the property and in this view she has every right to alienate the property. Since the respondent has neglected to maintain the wife and his children, there is absolute dearth for money and the wife is compelled to alienate the property for the maintenance of the family. In these circumstances the trial court should not have granted injunction. The respondent has failed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperties were purchased by him in the name of this wife for the sake of convenience. Till 2015, the appellant was living with the respondent and she had no independent source of income. In fact it was he who borrowed money in the name of wife and cleared the loan also. The bank statements produced by the respondent disclose the payments made by him. The loan was obtained in their joint names and this was admitted by the appellant also. Therefore the respondent has every right to seek declaration of title over the plaint schedule properties. Section 14 of the Hindu Succession Act is not applicable in a circumstance like this. The trial court has come to right conclusion on the materials placed before it for granting temporary injunction. Wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the respondent-plaintiff. Though the appellant has contended that she purchased the suit properties from her own income, there is no material to substantiate her contention. Rather she has admitted that loan was raised in their joint names for purchasing the property and that the respondent repaid the loan. The appellant is a housewife and for this reason, it is difficult to believe that she could purchase the suit properties. It is the clear case of the respondent that he was working as a Subedar in the Indian Army and till 2015, the appellant and the children were living with him. In this view, it may not be possible to hold at this stage that she had independent source of income. Moreover purchase of a property by husband in the name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... properly exercised by the trial court for granting temporary injunction, there cannot be interference in the appeal filed under Order 43 Rule 1 CPC. 12. Regarding the limitation period as argued by the appellant's counsel, it may be stated that the date of purchase of the property, in the facts and circumstances of the case on hand, cannot be considered as date of accrual of cause of action. The date of denial of the right of the plaintiff is what matters for reckoning the period of limitation and therefore the argument of the learned counsel cannot be accepted at this stage. The trial court may give a finding with regard to limitation if an issue is framed to that effect. Therefore from the above discussion I find that this appeal ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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