KULWINDER SINGH Vs. ASHA CHAUHAN

JUDGEMENT

(1.) Present regular second appeal, at the hands of plaintiff, is directed against the judgment of reversal passed by the learned first appellate court, whereby first appeal of the defendant was allowed, by setting aside the judgment and decree of the learned trial court in a suit for permanent injunction.

(2.) Brief facts of the case, as recorded by the learned first appellate court in para 2 and 3 of its impugned judgment, are that appellant and respondent were husband and wife and from their wedlock, one female issue was born. Respondent filed the suit pleading that he was having full love and affection towards the appellant being his wife. He purchased a house constructed over land measuring 2 biswas 15 biswani, comprised in khasra No. 179 to the extent of 55/12160 share situated at village Bitna, Tehsil Kalka, District Panchkula in the name of the appellant from the previous owner through registered sale deed No. 1674 dated 10.9.2007 Ex.D1, duly registered in the office of Sub-Registrar, Kalka. The whole of the sale consideration in the sum of Rs. 8,50,000/- was arranged by him and paid to the vendor to the sale deed Ex.D1. He withdrew the amount of Rs. 8,50,000/- from his bank account maintained in the Bank of India Branch, Banaur on 10.9.2007. The vendor to the sale deed (Ex.D1), also executed special power of attorney in favour of his brother Kulwant Singh for getting the mutation sanctioned in favour of the respondent.

(3.) The respondent alleged that after purchase of the house in dispute, he spent huge amount on its renovation. Subsequently, relations between him and the appellant became strained, as she was under the influence of his parents and threatened to alienate and dispossessed him from the house in dispute illegally and forcibly, which necessitated him to file the suit.