PRATAP PAWAR Vs. PRIYA PAWAR

JUDGEMENT

(1.) IA No. 207/95 is filed by the plaintiff under Order XXXIX Rules 1 and 2 for injunction restraining the first defendant form alienating the suit property and for injunction restraining the first defendant from dispossession the plaintiff. The case of the plaintiff is that he is the husband of the First defendant. His case is that he is the real and beneficial owner of the plot though the property was allotted in favour of the first defendant. The plaintiff applied for the allotment to the second defendant to the D.D.A. under Self- Financing Scheme by depositing a sum of Rs. 15,000.00 in 1981. The said flat was allotted by defendant no.2 in 1984 and possession of the same was handed over in 1989 to Ms. Uma Chandra, sister of defendant no.1.

(2.) A total amount of Rs. 4,00,000.00 being the consideration for allotment was paid in installment by the plaintiff. The plaintiff has got his telephone connection in August 1990. The telephone Number is 689 3224. The plaintiff is residing in the flat since 1990 alongwith his widowed sister, Parvati Pawar. On 8.12.1994, the first defendant forced the plaintiff out of the matrimonial home in U.K. where they were living.

(3.) It is the case of the plaintiff that the first defendant was treating him with cruelty and he was put to a great hardship and he was also physically attacked by the First defendant. The first defendant moved the English Court against the plaintiff and the plaintiff was unable to deal with the extreme provocation and humiliation by the defendant No. I came to India in 1994 and since then, has been living in the flat. The first defendant is trying to dispossess the plaintiff. On the allegations the plaintiff has come forward the relief of declaration and for injunction.