ANITA SHINH CHAUHAN Vs. KEDAR NATH

JUDGEMENT

(1.) This order will govern the disposal of I.A. Nos. 4924/96, 8868/96 and 9193/96.

(2.) I.A. No. 4924/96 underorder 39, Rules 1 and 2 read with Section 151, CPC has been filed by the plaintiffs alleging that Sunil Chauhan, husband of plaintiff No. I and father of minor plaintiffs 2 and 3, was the owner of 1 /3rd share in house No. 6199, Gali No. 1, Block No. 1, Karol Bagh alongwith defendants 1 and 2. Defendants have threatened the plaintiffs to leave the second floor portion of the aforesaid house to enable them to sell it to a third party. Defendants have no right to alienate the house. It was prayed that by issue of an ad interim injunction defendants be restrained from disturbing the peaceful possession of the plaintiffs over the second floor portion of aforementioned house. Defendants are further sought to be restrained from alienating, mortgaging or parting with possession of the house.

(3.) Defendants have contested the application by filing a joint reply. It is alleged that defendants 1 and 2 are the absolute owners of the house. Sunil Chaunan did not have 1 /3rd share therein. It is denied that the defendants held out any threat to the plaintiffs or asked them to leave the house much less to sell it. It is not denied that the plaintiffs are in occupation of the second floor portion of aforesaid house No. 6199.