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2010 Supreme(P&H) 2376

L.N.MITTAL
Charan Singh – Appellant
Versus
Mohinder Kaur – Respondent


Judgment

L.N.Mittal, J.

1. Defendant No.1 Charan Singh has filed the instant revision petition under Article 227 of the Constitution of India challenging order dated 12.05.2009 (Annexure P-3) passed by learned Civil Judge (Junior Division), Kapurthala, thereby dismissing application Annexure P-2 moved by defendant No.1 under Order 7 Rule 11 of the Code of Civil Procedure (in short - "CPC").

2. Plaintiff-respondent No.1 Mohinder Kaur is wife of defendant No.1-petitioner Charan Singh, whereas defendant-respondent No.2 Sukhjinder Singh is their son. Respondent No.1 has filed suit seeking declaration that the suit house, in which defendant No.1 has 11/12th share, is shared household of plaintiff and defendant No.1 and therefore, plaintiff being wife of defendant No.1, has right to live/reside in the said house. The plaintiff has also sought declaration that transfer deed dated 06.03.2009 allegedly executed by defendant No. 1 in favour of defendant No.2 regarding the suit property is null and void etc. and is not binding on the right of the plaintiff to reside in the suit house. The plaintiff has also claimed permanent injunction restraining defendant No.1 from dispossessing the plaintif







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