MADHU Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is a regular second appeal which is pending in this court since 31.03.2011. No substantial question of law has been formulated till date.

(2.) I have heard the learned counsel for the appellant on the formulation of a substantial question of law involved in the matter. It has been contended by the learned counsel for the appellant that the property in question being C-1/62B, Ashok Vihar, Phase-II, Delhi-110052, was purchased from the funds emanating from the father of the appellant and, therefore, the suit property was an ancestral property. On account of the demise of her father on 11.02.2000, the appellant being one of the legal heirs, inherited the property along with the respondent, who is the brother of the appellant. It has also been contended that the appellant had filed an application under Section 26 r/w Section 12 of the Domestic Violence Act, 2005 for treating the house in question as a shared accommodation and, therefore, the appellant could not be dispossessed from the suit property.

(3.) Prima facie, I feel that the questions which are sought to be raised by the appellant with regard to the property in question being an ancestral property or for that matter, the property being a shared accommodation, are questions of fact which cannot be adjudicated in the instant regular second appeal. It may be pertinent here to give a brief background of the case.