BALDALIP WALA THIND Vs. HARDEEP KAUR

JUDGEMENT

(1.) Suit filed by the plaintiff was dismissed by the trial court vide judgment and decree dated 28.02.2013. As even the appeal preferred against the said decree failed and was dismissed vide judgment dated 10.03.2014, the plaintiff is before this court in this regular second appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) Plaintiff prayed for a decree for mandatory injunction, directing the defendant to hand over the possession of house No.31, constructed over a land measuring 51/2 marlas. And of a vacant plot measuring 7 marlas adjacent to the said house. It was maintained that defendant i.e. Hardeep Kaur was the step-mother of the plaintiff. But as the suit property was later transferred by his father in his name, vide sale deed dated 23.05.2007, he became the owner thereof. And, thus, plaintiff simply allowed the defendant to live in the said house as also the adjacent plot as licensee. However, his father had divorced the defendant. And thus, the defendant had no relation either with the plaintiff or his father. Though, plaintiff revoked the licence vide notice dated 19.08.2011, which was served upon the defendant, but as she still failed to vacate the suit property, therefore, the suit.

(3.) In defence, it was pleaded, inter alia, that the defendant was married to Balbir Singh Thind i.e. the father of the plaintiff, who moved to Canada and obtained an ex parte decree of divorce dated 26.05.2008 from the Supreme Court of British Columbia against the defendant. Defendant was in possession of the house in question in her own right. The sale deed, vide which the suit property was purported to have been transferred in favour of the plaintiff, was alleged to be a sham transaction, being without consideration. Plaintiff never issued any licence in favour of the defendant and, thus, there was no occasion for its revocation.