I am the plaintiff in an injunction suit under order 39 rule 1&2. I filed it to restrain the defendant from dispossessing me from the suit property, illegally grab the possession from me and creating third party interest in the suit property.
I am not residing in the suit property as it is in dilapidated condition , however my articles and other stuffs are lying in the suit property.
I acquired suit property by virtue of GPA executed by my father in law in the year 1986 and my father in law died in the year 1995. I don't have any other documents to prove my ownership except this GPA. The defendant on the other hand is saying I am not the owner as it is a joint family property and she is a co-owner of the suit property.
Defendant also says that I have not filed any documents to prove my ownership ( as my counsel has not filed the GPA with the plaint).
The defendant and her son's have at numerous time tried to broke open my lock threw my articles and abused me and my daughter's in filthy languages. They even tried to assault me inorder to grab the property. Hence, the suit u/o 39 R1&2
Now my question is:
Will I get injunction inspite of having no other documents except GPA to prove my ownership which I think has got no sanctity in the eyes of law (as GPA is not of any value the
moment the GPA executer dies)?
Can I retain the possession as I have kept my articles though I am not living in it?
Can I stop the defendant from illegally occupying the suit property or dispossessing me?
Please advise.
GPA do not transfer ownership (title) of the property.
Order XXXIX Rule 1 & 2 CPC is for temporary injunction but not permanent, even if allowed by the Court
