SAVITA JAISWAL Vs. SUSHIL JAISWAL

JUDGEMENT

(1.) This is a Civil Revision and has been directed against the order dated 14.2.1998 passed by the District Judge, Ambala who allowed the appeal of the plaintiff and set aside the order of the trial Court which had dismissed the application under Order 39 Rules 1 and 2 CPC.

(2.) SOME facts can be noticed in the following manner. The plaintiff alleged in the trial Court that he was the co-owner of the property bearing numbers 2292-93, 2292-93A and 2307-2308 situated at Kacha Bazar, Ambala Cantt, along with his mother and sisters. The defendant who was the widow of his brother Shri Sanjay Jaiswal and the defendant used to reside on the first floor of the building bearing No. 2292-93, 2292-2293-A and 2307-2308. After the death of Shri Sanjay Jaiswal, the defendant walked away from the Ist floor with her bag and baggage and defendant had an evil eye over the said property belonging to the plaintiff. She has hatched a conspiracy to dispossess the plaintiff from the said building. She has further threatened to alienate the said property unauthorisedly in order to create evidence in her favour.

(3.) THE parties addressed arguments in the application under Order 39 Rules 1 and 2 C.P.C. and the Court of learned Additional Civil Judge, vide order dated 3.11.1997 dismissed the application for the reasons given in para No. 5 of the said order which are as under :