SURINDER PAL Vs. SANDEEP MEHTA AND ANR

JUDGEMENT

(1.) Defendant-Surinder Pal has filed the instant revision petition under Article 227 of the Constitution of India being aggrieved by grant of temporary injunction by both the Courts below in favour of Plaintiffs/Respondents. It is unfortunate litigation among family members/close relatives.

(2.) Respondents/Plaintiffs are sons of two sisters of the Defendant-Petitioner. Jawahar Singh father of the Petitioner as well as father of mothers of Respondents, was owner in possession of the suit property. Case of the Plaintiffs is that Jawahar Singh left behind widow Shanti Devi, three sons and five daughters, who being class-I heirs inherited the suit land in equal shares. Mothers of Plaintiffs have gifted 50 square yards area each to the Plaintiffs, who claimed themselves to be owners in possession thereof, but the Defendant started obstructing the construction work of the Plaintiffs on the said plots. Accordingly, Plaintiffs filed suit for permanent injunction restraining the Defendant from interfering in construction being raised by the Plaintiffs in the aforesaid plots. Temporary injunction to the same effect during pendency of the suit was also claimed by the Plaintiffs by moving separate application.

(3.) Defendant while admitting that the suit property was owned by his father Jawahar Singh and also while admitting the relationship between the parties, controverted the other allegations of the Plaintiffs and inter alia pleaded that Jawahar Singh died on 11.12.1965. He bequeathed the suit property in favour of Defendant and others vide Will dated 01.04.1964 and accordingly the Defendant constructed house on his share in the suit property and is in possession thereof for the last 35 years. Plaintiffs have no right, title or interest in the suit land. They want to raise construction in courtyard of the Plaintiffs. It was also pleaded that Defendant's mother Shanti Devi executed family settlement dated 23.04.2003. Various other pleas were also raised