PRATIMA V PRAJAPATI Vs. VINAY P PRAJAPATI

JUDGEMENT

(1.) HERE is the petitioner of the Family court who has filed M. J. Petition No. A-1035 of 1991 read with section 13 (1) (b) of the Hindu Marriage Act where amongst other prayers, there is a prayer for vacant possession of a flat belonging to the petitioner-appellant.

(2.) THE claim of the ownership was never disputed and even if disputed, on merits it has been established, as could be seen from the judgment of the trial Court at page 14 para 10 onwards.

(3.) THERE being a distinct prayer for getting vacant possession in clause (d) of the petitioner along with prayer of injunction in clause (e) of the same page, the trial Court in its final order had granted relief in accordance with clause (e ). No reason whatsoever is given for not granting the relief in terms of prayer (d ).