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2014 Supreme(P&H) 1416

RAKESH KUMAR JAIN
Suman – Appellant
Versus
Tulsi Ram – Respondent


Advocates:
For the Appellant :Ashok Arora, Advocate
For the Respondents:R.S. Madan, Advocate

Rakesh Kumar Jain, J.

1. The defendant is in revision, aggrieved against the order dated 10.07.2014, passed by the learned trial Court allowing an application for ad interim mandatory injunction, directing the defendant to vacate the house in question and order dated 16.08.2014 whereby her miscellaneous appeal was dismissed by the lower Appellate Court. In short, the respondent is the father-in-law of the petitioner who has filed the suit for mandatory injunction alleging that he is a retired Principal from the Government Senior, Secondary School, suffering from various old age diseases and is 66 years of age, whereas his wife Roshni Devi, who is also retired as a Principal from a Government Senior Secondary School, aged 61 years, both are residing in the house in question, built up by the respondent on a plot measuring 0 kanal 10 marlas, being 10/1081 share of land comprising in khasra No. 2053/1, total measuring 54 kanal 1 marla, situated in New Dabwali which falls in the area of Municipal Committee, Dabwali, purchased by him vide sale deed No. 1303 executed on dated 12.08.1988 and registered on 16.08.1988, from his own earnings. The mutation No. 13171 dated 28.08.1988 has already








































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