SUKHPAL KAUR AND ANOTHER Vs. GURDEEP SINGH

JUDGEMENT

(1.) This appeal arises out of a mere suit for permanent injunction restraining the defendants from interfering forcibly with the possession of the plaintiff except in due course of law. The demised premises are a shop situated in Bazar Kasaban Inside Delhi Gate, Ferozepur City as described in the plaint. Once upon a time, the demised property consisted of two shops separated by an intervening wall. Long ago the wall was demolished and has become a single commercial unit. It was the plaintiff's case that the two independent shops were once allotted to the predecessor-in-interest of the plaintiff and the defendants. Defendant # 1 Sukhpal Kaur is the widow of Jarnail Singh and mother of defendant # 2 Parminder Singh. The plaintiff Gurdeep Singh and Jarnail Singh are brothers. Jarnail Singh died 12-13 years before the suit was instituted. The two properties bear # B ICV-1R- 2S-10 (for short "B-1") and B IV-3R-1 (for short "B-2"). The property B-1 was previously allotted to Amar Singh grand father of the plaintiff. The property B-2 was allotted to Harsa Singh father of the plaintiff. Amar Singh died 54 years ago before the suit is filed and Harsa Singh died in the year 1984. In 1987 the four brothers namely, Gurdeep Singh, Jarnail Singh, Daljit Singh and Ranbir Singh sons of Harsa Singh entered a writing regarding the share of property received by them. The suit property fell to the share of Gurdeep Singh and Jarnail Singh. Both the brothers had been running the business of selling Bangles etc. from the suit shop. The wall partitioning shops was demolished by consent of both brothers but they continued to do business from the same premises from the portion marked ABCD and ABEF. On the death of Jarnail Singh, the plaintiff came in exclusive possession of the entire property but he shared the proportionate income with the widow of his brother till September 2004.

(2.) It was the plaintiff's case that in September 2004, defendants # 1 and 2 received a sum of Rs.1 lac to relinquish their rights in the suit property and ever since plaintiff has exclusive possession in the entire property. The property has been allotted Municipal # 22, Block DS-6. The evidence was produced by the plaintiff to show his possession through receipts of payment of electricity bills etc.

(3.) Upon notice, the defendants filed written statement and contested the case alleging that the property was in possession of Jarnail Singh (husband and father of defendant # 1 & 2) as a lessee of Punjab Wakf Board. On Jarnail Singh's death the defendants came in possession of the suit property. The defendants have paid the lease money to the Punjab Wakf Board on November 03, 2004 amounting to Rs.13,862/- upon which lease was issued in their favour. The property bears # B-II-3R/5 situated at Mohalla Kasaban, Ferozepur City which is mentioned in the lease deed which is the actual property number. The plaintiff has concealed the description of the property on the basis of which averments he filed the suit.