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1994 Supreme(Del) 797

A.D.SINGH, M.JAGANNADHA RAO
FLORA BOSE – Appellant
Versus
SUPROTIK BOSE – Respondent


M. Jagannadha Rao

( 1 ) A suit was filed for declartion that the respondent/plaintiff is joint owner of the property with the appellant/wife. Pending suit an application under Order 39,rules 1 and 2 Civil Procedure Code was filed for restraining the appellant/ wife from alienating the property or from inducting any third party into possession. The injunction which was already granted earlier on 19. 8. 1991 was made absolute under the impugned order dated 28. 4. 1994. Aggrieved by the said order, this appeal has been preferred TO by the wife. Learned Single Judge while granting the injunction also came to the conclusion that having regard to the facts and the circumstances of the case, and the sources of the wife for purchasing the property, it could not be said that she could have purchased the property with her own monies.

( 2 ) LEARNED counsel hass raised a contention relying upon the decision of the Supreme Court in Ram Saran and Another vs. Smt. Ganga Devi (AIR 1972 S. C. 2685) to the effect that a simple suit for declaration with regard to title to property is not maintainable without any relief for possession. We are of the view that the above said decision which is rendered u



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