The proof of prima facie case existing/non-existing in favour of a party praying for a temporary injunction is a sine qua non for grant/refusal of the said relief. A perusal of the impugned order shows that the Court below has reached to a finding that the execution of the gift-deed cannot be disputed as the plaintiff was residing at Nigeria since last 15 years and Manohar Lal Mehra was residing with his daughters and it is quite natural that because of the care being taken by the daughters during his last days, he executed the gift-deed in their favour. In the opinion of this Court, any finding by the Court solely on surmises, presumption and sympathetic consideration cannot be upheld. It is clear on record that Manohar Lal was in the worst of his health and was hospitalized between the period from 09.12.2021 and 13.12.2021 and the alleged gift-deed had been executed on 17.12.2021, that is, just after three days of his discharge from the hospital. Admittedly, the alleged signature on the gift-deed has been made by Manohar Lal at the age of more than 80 years and that too when he was in the worst of his health. Even, if seen with naked eyes, the said signature on the gift-deed is totally different from that available on the lease-deed issued in his favour. True it is, that the signature of Manohar Lal on the gift-deed would be proved only after the evidence being led by the parties and after the issue being adjudicated and decided by the Court below. However, this Court is of the specific opinion that the gift-deed is under a cloud of doubt and the plaintiff has been able to make out a prima facie case in his favour.
