JASWINDER KAUR Vs. MANJIT KAUR

JUDGEMENT

(1.) BY filing this revision petition under Article 227 of the Constitution of India, plaintiff Jaswinder Kaur has assailed judgment dated 7.12.2011, Annexure P/1 passed by learned Additional District Judge, Chandigarh.

(2.) PLAINTIFF -petitioner has filed suit against defendants/respondents. Defendant no. 1 is mother of the plaintiff. Suit property is House No. 1815, Sector 34-D, Chandigarh. Plaintiff admittedly has 25% share in the suit property whereas defendant no. 1 had 75% share therein. Defendant no. 2 claims to have purchased 40% share in the suit property from defendant no. 1. However, plea of the plaintiff is that defendant no. 2 has purchased 40% of 75% share of defendant no. 1 and thus, defendant no. 2 has purchased 30% share in the suit property. It is also the case of the plaintiff that the suit property has not yet been partitioned. Accordingly, the plaintiff has filed suit for partition of the suit property.

(3.) DEFENDANT no. 2 contested the suit and the application for temporary injunction and pleaded that he is in exclusive possession of first floor as well as second floor of the suit house and is entitled to alienate his 40% share in the suit property and to deliver possession of the aforesaid portion of the suit house to the alienee.