OM PRAKASH (DEAD) Vs. SHANTI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant before us was the Defendant in a suit filed by the Respondent-Plaintiff praying for a decree of mandatory injunction directing the Appellant to hand over vacant possession of the property in dispute, on the predication that the Respondent was the owner of that property. The Appellant has been successively unsuccessful in the three Courts below, viz., the Trial Court, where Respondent's suit for mandatory injunction was decreed against the Appellant; the First Appellate Court, which dismissed Appellant's First Appeal; and the High Court of Punjab & Haryana, which dismissed the Appellant's Second Appeal.

(3.) Outlining the facts briefly, the Respondent-Plaintiff's case before the Trial Court was that he was the owner-allottee of the property and had parted with possession of the property to the Appellant on a nominal licence basis. The parties are closely related to each other - being brothers-in-law since the Appellant/Defendant was the husband of the Plaintiff's sister. The Plaintiff pleaded that it had been agreed between them that as and when required by the Plaintiff the Appellant would vacate the property. However, despite the Plaintiff's repeated requests the Appellant did not accede thereto; accordingly, the aforesaid suit came to be filed. Whilst admitting that he had initially been a licencee of the Respondent, the Appellant pleaded in his Written Statement that on 15.05.1970 the Respondent had executed a Gift Deed in his favour, thereby making him the owner of the property. The Appellant/Defendant also claimed that the Gift Deed had been registered in and by the Office of the Sub Registrar, Patiala, on 18.05.1970. In Replication, the Respondent- Plaintiff has denied execution of the Gift Deed saying that because of close relationship the Defendant may have obtained his signatures by misrepresentations, essentially admitting his signature on that document.