SANJAY SHARMA Vs. AJAY SHARMA AND ORS.

JUDGEMENT

(1.) I.A. 12964/2012 IN CS(OS) 911/2007

(2.) PRESENT application has been filed under Section 151 CPC by the defendant no. 7 seeking compensation from the plaintiff by way of restitution in the amount of Rs. 84,000/ - per month for the period starting from 22nd May, 2007 till 8th December, 2011. The relevant facts of the present case are that on 15th May, 2007, the plaintiff filed the present suit for partition, rendition of accounts and permanent injunction along with an application under Order 39 Rules 1 and 2 CPC being I.A. No. 5867/2007 for temporary injunction, alleging that various properties, including Shop No. G -4/17, CC, Gulmohar Park, were ancestral/HUF properties in the hands of the plaintiffs late father.

(3.) ON 21st May, 2008, defendant no. 7/applicant, wife of defendant no. 1, Mr. Ajay Sharma, filed an application under Order 39 Rule 4 being I.A. No. 6437/2008 seeking vacation of the interim order dated 22nd May, 2007 in respect of the aforesaid Shop on the ground that she was its real and absolute owner. It was asserted that the said Shop was purchased from her own savings and from those of her husband and with the aid of loans from her sister and two brothers.