Dwelling-house protection only applies when exclusively occupied by family. Once a stranger occupies any part, it ceases to be a protected family dwelling-house under Section 44 TPA. Stranger-purchaser cannot claim joint possession before partition.
["Dwelling-house protection only when exclusively occupied by family","Stranger occupation destroys dwelling-house character","Stranger-purchaser cannot claim joint possession before partition","Pre-partition possession by stranger is illegal","Interplay of Section 44 TPA Section 4 Partition Act Section 23 HSA"]
[Cites 0 , Cited by 0 ]
Delhi High Court - Orders
Nargis Khanna vs Sunil Gupta on 18 January, 2023
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait , Neena Bansal Krishna
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(OS) 37/2018
NARGIS KHANNA ..... Appellant
Through: Ms. Deepika V. Marwaha, Sr.
Advocate with Mr. Harkiraj Sawhney
& Ms. Rati W., Advocates.
versus
SUNIL GUPTA ..... Respondent
Through: Mr. Sanjiv Bahl, Mr. Ajay Gupta &
Mr. Anant Gupta, Advocates with
respondent in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 18.01.2023
1. Learned Senior Counsel appearing on behalf of the appellant seeks
and is granted three weeks' time to file additional written submissions with
advance copy to the other side.
2. Let response thereto, if any, be filed within two weeks thereafter.
3. Re-notify on 24.07.2023.
SURESH KUMAR KAIT, J
NEENA BANSAL KRISHNA, J
JANUARY 18, 2023
S.Sharma
Signature Not Verified
Digitally Signed
By:PRIYANKA ANEJA
Signing Date:19.01.2023
15:51:01