SATISH KUMAR SAINI Vs. JASBIR KAUR

JUDGEMENT

(1.) Petitioner has assailed the order dated 11.11.2016 passed by Civil Judge (Senior Division), Chandigarh vide which application filed by defendant No.2/petitioner under Order 7 Rule 11 CPC was dismissed.

(2.) Plaintiff filed a suit for declaration to the effect that she is owner to the extent of 63.70% share and defendant No.2 is owner to the extent of 36.30% share in the six properties as described in the headnote of the plaint. Mandatory injunction was also sought, directing defendant No.1 to handover the possession of the aforesaid share in the properties to the plaintiff and handover the possession of aforesaid share of defendant No.2 and to issue and register the sale certificate in favour of the plaintiff and defendant No.2 to the extent of their shares. Plaintiff sought partition of the aforesaid properties to the extent of their shares. Plaintiff also sought permanent injunction, restraining the defendants from further alienating the suit property in any manner.

(3.) Defendant No.1 is LIC Housing Finance Limited. It acquired the rights of ownership and possession of the suit properties under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) Ordinance, 2002 and rules framed thereunder.