ANIL MALHOTRA Vs. CHANDER MALHOTRA AND ORS.

JUDGEMENT

(1.) This judgment will dispose of two appeals bearing RSA Nos. 1658 and 1795 of 2010, as common questions of law and facts are involved.

(2.) In RSA No. 1658 of 2010, the suit was filed by Anil Malhotra against Dr. Chander Malhotra and others for possession of 1/6th share of the suit property by way of partition by metes and bounds. In this case, the trial court passed preliminary decree in favour of the plaintiff holding him entitled to 1/6th share in the suit property. In appeal, the judgment and decree of the trial court were reversed and the suit filed by Anil Malhotra for 1/6th share in the suit property was dismissed. The judgment and decree of the lower appellate court have been impugned in appeal before this court.

(3.) In RSA No. 1795 of 2010, the suit was filed by Dr. Chander Malhotra and others against Anil Malhotra and others for mandatory injunction seeking revocation of license for living in the suit property. The same was dismissed by the trial court. In appeal, the judgment and decree of the trial court were reversed and the suit was decreed. The judgment and decree of the lower appellate court has been impugned in appeal before this court.