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2017 Supreme(P&H) 1494

AVNEESH JHINGAN
Nirmal Kaur – Appellant
Versus
Sawinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.K. Mahajan

JUDGMENT :

Avneesh Jhingan, J.

The regular second appeal has been filed by Nirmal Kaur plaintiff against concurrent dismissal of her suit by the Courts below.

2. For the sake of convenience, the parties are being referred to as per their original position in the plaint.

3. The suit was filed by the plaintiff for mandatory injunction seeking a direction to the defendants to vacate one room and kitchen of the property detailed in the suit and to hand over the vacant physical possession thereof to her.

4. On notice, the counter claim was filed by defendant No.1 for declaration and joint possession to the effect that the counter claimant is a co-sharer in possession to the extent of half share in the house bearing No.235 situated at Ghanupur Chheharta, Tehsil and District Amritsar. The trial Court dismissed the suit and decreed the counter claim.

5. The plaintiff filed the single first appeal which was dismissed by the learned Additional District Judge, Amritsar vide judgment and decree dated 27.01.2017. The said appeal was dismissed being not maintainable as decree of counter claim and judgment has not been specifically challenged.

6. The present appeal has been filed having a grievance that



















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