RASUL KHAN Vs. BUNDU KHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner- defendant (for short, 'the defendant') against the order dtd. 12/11/2020 passed by the trial court, whereby the application filed by the defendant under Order 7 Rule 11 readwith Sec. 151 CPC has been dismissed.

(2.) Facts of the case are that the respondent-plaintiff (for short, 'the plaintiff') filed a suit for declaration and permanent injunction against the defendant wherein it was averred that the suit property was in the ownership and possession of the plaintiff's grand father Subhan Khan. During his life time, plaintiff's grand father partitioned the property amongst his three sons. It was also averred that the plaintiff is the son of defendant, who born from his first wife. After the death of plaintiff's mother, the defendant solemnized second marriage. It was also averred that the plaintiff being the son, the defendant orally gifted two rooms of the suit property admeasuring 7X8 Ft. adjacent to the western southern road and 10X10 ft. situated at northern eastern side on the ground floor of the suit property to the plaintiff on 24/1/2001 and since then the plaintiff is residing in the said rooms alongwith his family and in the said rooms, his house hold articles are lying. The defendant is residing on the first and second floor of the suit property and has no concerned with the aforesaid two rooms of the plaintiff, which are situated on the ground floor of the suit property. However, under the influence of his second wife, the defendant wants to dispossess the plaintiff from the suit property.

(3.) In this view of the matter, suit for declaration and permanent injunction was filed.