CR No.5966 of 2016 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

CR No.5966 of 2016 (O&M)

Date of decision:14.09.2016

Harish Kumar

... Petitioner

Vs.

Surinder Kumar Mukhija

... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:-

Mr. Sandeep Panwar, Advocate

for the petitioner.

AMIT RAWAL J. (Oral)

The petitioner-plaintiff in a suit for ejectment, i.e., civil suit

No.370 of 2011 (Annexure P-1) is aggrieved of the impugned order dated

22.08.2016 (Annexure P-10), whereby, application for consolidation of the

aforesaid suit along with other suit for declaration filed at the instance of the

respondent and defendant in first suit challenging the sale deed, has been

dismissed.

Mr. Sandeep Panwar, learned counsel appearing on behalf of

the petitioner submits that petitioner had filed a suit for ejectment against

the respondent-defendant on the basis of the title, i.e., sale deed dated

26.06.2007 and the same has been challenged in the second suit. The

District Judge, vide order dated 26.04.2006, transferred the suit. The other

party had given 'No Objection' to the consolidation proceedings as the

matter in dispute in both suits are same and it would be in the fitness of

Savita

2016.09.19 13:10

I attest to the accuracy and

integrity of this document

High Court Chandigarh

CR No.5966 of 2016 (O&M)

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things to consolidate. He further submits that both the suits are at evidence

stage

I have heard learned counsel for the petitioner and appraised

the paper book.

The claim in both the suits, i.e., Annexure P-1 and P-2, reads

thus:-

Annexure P-1

“Suit for possession by way of ejectment of the defendant from

the Northern Portion of House bearing House Tax No.7716,

Ward No.4, New AMC No.1613, Block No.4, bounded as:-

North -

House of Sh. Shadi Lal; length 41' 3”

South -

Remaining portion of H.No.1613/7716, Ward

No.4; Nadi Mohalla Ambala City Length 41'-3”.

East -

Street length 9'-6”;

West-

House of Bhatia Paints length 9'-6”;

consisting of two rooms, kitchen, staircase and Sahan on the

ground floor marked by letters ABEF and open terrace and

toilet marked by letters KLMN on the first floor as shown in the

colour red in the site plan annexed, situated at Nadi Mohalla,

Ambala City with a further direction to the defendant to hand

over the vacant physical possession of the aforementioned

premises to the plaintiff and for a recovery of Rs.3,000/- as

mesne profits for the illegal use and occupation of the

premises in dispute for the months of November and

Savita

2016.09.19 13:10

I attest to the accuracy and

integrity of this document

High Court Chandigarh

CR No.5966 of 2016 (O&M)

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December, 2011 under Order 7 Rule 1 CPC.”

Annexure P-2

“Suit for declaration to the effect that the sale deed no.1605

dated 26.06.2007 allegedly executed by Sat Pal Mukhija son of

Shri Daulat Ram son of Shri Karam Chand, resident of House

NO.7716/1613, Ward No.4, Nadi Mohalla, Ambala City in

favour of Harish Kumar son of Shri Sat Pal son of Shri Daulat

Ram, resident of House No.1613/7716, Ward No.4, Nadi

Mohalla, Ambala City of House No.7716/1613, Ward no.4,

Nadi Mohalla, Ambala City is a sham transaction, result of

fraud, without consideration, void, null, inoperative and is not

binding upon the right, title or interest of the plaintiff as the

house was partitioned between the plaintiff and the respondent

in equal share during the life time of Sat Pal Mukhija and Sat

Pal Mukhija (father of the plaintiff and defendant) himself got

erected the partition wall which is still in existence and the

right of half share was given up by the father in favour of the

plaintiff and the plaintiff was/is enjoying the suit property

without any interference from any corner and still today the

plaintiff is in physical possession of the half share of above

said house and for permanent injunction restraining the

defendant through himself, his friends, relatives or through any

other perso