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2011 Supreme(Del) 979

VALMIKI J.MEHTA
Sunil Gupta – Appellant
Versus
Nargis Khanna – Respondent


Advocates Appeared:
Mr. Sanjay Jain, Sr. Adv. with Mr. Vikram Kapoor, Mr. Pankaj Kapoor, Ms. Ruchi Jain, Ms. Namisha Gupta, Mr. Abhijit Mittal & Mr. Risabh Wadha, Advs. for the Appellant.
Mr. Harkirat Sawhney, Advocate for the Respondent.

Valmiki J. Mehta, J.

1. The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 20.11.2010. By the impugned judgment and decree, the suit of the respondent/plaintiff has been decreed. Though the decree grants various forms of mandatory and perpetual injunctions, in effect, the relief of possession of the suit property has been granted to the respondent/plaintiff. The suit has been decreed on an application of the respondent/plaintiff under Order 12 Rule 6 CPC.

2. The suit has been decreed relying upon Section 44 of the Transfer of Property Act, 1882 by holding that the property being N-47, Panchsheel Park, New Delhi was an undivided dwelling-house of the family and since the appellant/defendant No. 2 was a stranger, he had been wrongfully inducted into possession of the second floor of the property along with certain other rights by the brother/Sh. Prem Kumar Dewan of the respondent/plaintiff, Ms. Nargis Khanna. The decision in the present appeal will therefore revolve around the meaning of the expression "dwelling-house" as found in Section 44 of the Transfer of Property Act, 1882. Before

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