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2001 Supreme(P&H) 1431

BAKHSHISH KAUR
Ashwani Kumar Aggarwal – Appellant
Versus
Kalawati – Respondent


Advocates Appeared:
For the Petitioner:Mr. C.L. Sharma, Advocate.
For the Respondent:Mr. Deepak Gupta, Advocate.

JUDGMENT

Bakhshish Kaur, J. - Challenge in this revision is to the impugned order whereby the learned Additional District Judge has affirmed the order passed by the trial Court on an application under Order 39 Rules 1 & 2 read with Section 151 CPC.

2. Smt. Kalawati-plaintiff is residing at Jagadhri. Her husband had expired on July 10, 1964. After his death, family settlement was arrived at between the plaintiff and other legal heirs of Peru Mal; father-in-law of the husband of the plaintiff. In the said family settlement, the properties situated at Jagadhri as well as at Dehradun had fallen to their shares. The defendant Ashwani Kumar Aggarwal was having an evil eye on the properties of the plaintiff and with mala fide intention, got a decree in respect of the property under challenge, situated at Jagadhri by playing fraud upon the plaintiff and by misrepresenting her at Jalandhar courts. It is further averred that the defendant is a clever person. Earlier also, he had played fraud upon her by getting the properties in dispute transferred in his name through a sale deed dated 27.3.1984. He had even attempted to sell the property. Hence, she had filed a suit for permanent injunction









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