Uttaranchal High Court: Ravindra Maithani, J. dismissed an appeal that challenged an order given by the court of Civil Judge pertaining to cancellation of gift deed.
Appellant was aggrieved by that part of order by which an ad-interim injunction was not granted. He had purchased an agricultural property in the year 1989 and his father, Manmohan Thapar constructed a resort thereupon. In the year 2007, father insisted for construction of the resort, but the appellant was not in a position to undertake that task at that point of time. He insisted the appellant and his brother to transfer the shares in the property, in his favour to facilitate the requisite permission and licenses for construction of resort and the same were transferred on 13-04-2007.
In the year 2015, the appellant came to know about the marriage of Manmohan Thapar with the respondent, who was working as a Secretary with Manmohan Thapar. Respondent furnished herself as unmarried, though she was married and had a child. Manmohan Thapar expired on 26-07-2019 and the appellant came to know about his will dated 18-11-2006 in the year 2019. The property was mutated in the name of respondent on the basis of the gift deed dated 27-02-2013.
The suit was filed for the cancellation of the Gift deed as also for permanent injunction. The appellant also moved an application under Order 39 Rules 1& 2 of the Code. The Court below observed that there was no ground to grant ex-parte ad-interim-injunction and issued notice.
The appellant and his brother transferred their shares in the property to him in the year 2007. Therefore, it was argued that this will was not genuine.
When they came to know about the gift deed, the respondent mutated her name in the revenue records. It was the case that mutation was done on the basis of gift deed which was allegedly executed sometimes in the year 2013. The respondent was recorded tenure holder.
Without making any further observation with regard to merits of the case, the Court was of the view that the Court had not committed any error in denying to issue ex-parte temporary injunction to the appellant. The appeal was dismissed.[Samir Thapar v. Tiny Kesag Ligtsang Thapar, 2022 SCC OnLine Utt 68, decided on 11-02-2022]
Mr U. K. Uniyal, Senior Advocate, assisted by Mr Rajesh Sharma, Advocate for the appellant.
Mr V. S. Rathore, AGA for the State