Andhra Pradesh High Court
BILAL NAZKI, ACJ.
M.Nirmala - Appellant
Versus
Gandla Balakotiah - Respondent
CRP No.3354 of 2007
Decided on: Twentieth Day of December, 2007
2. In the counter-affidavit filed by respondent, he stated that he had purchased the property from out of his own funds and neither the petitioner nor her family members contributed any amount in purchasing the same and agreed that since February, 1997, the petitioner is staying in the petition schedule property; that due to differences, he started living separately and the petitioner is living in the same premises. He submitted that he did not send any persons to dispossess the petitioner. He stated that he has sold the property to one Sri P. Subbaiah through a registered saledeed on 16.4.2007 bearing document No.921 of 2007 and has also delivered symbolic possession. He also submitted that he had purchased the property by raising a housing loan from a Bank. Since he had suffered some problems relating to his health and had incurred expenses, he could not pay installments towards housing loan. Thereafter, the banker identified the purchaser and sold the property. He also stated that he recognized the right of the petitioner for shelter and without prejudice to his contention, he was ready to provide alternative accommodation to her by paying a sum of Rs.2,500/- per month towards rent for the premises chosen by her.
3. The Family Court dismissed the petition, but directed the respondent to pay a sum of Rs. 3,500/- per month towards rent. This order is challenged now by the wife on the ground that she was entitled to the possession of the matrimonial house in terms of Section 19 of the Act.
4. Before dealing with the above contention, it may be pointed out that this ground was not raised in the affidavit filed in support of the application before the Family Court.' This is also not raised in the memo of revision and it appears that the petitioner wanted the matter to be decided within the parameters of Order 39 Rules 1 and 2. She had filed a suit for perpetual injunction, but from the impugned order it appears that such an argument was made before the Family Court and the argument has been reiterated before me. Without going to Section 19 of the Act, neither the petitioner has been able to show, prima facie, a case that the house does not exclusively belong to her husband i.e. respondent nor produced any evidence to substantiate her claim over the suit premises. On the other hand, the respondent has raised loans from th
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