AJIT SINGH Vs. HARMEET SINGH

JUDGEMENT

(1.) THIS is plaintiffs appeal directed against the judgment and decree of the Additional District Judge whereby judgment and decree passed by the trial court passed in favour of the plaintiff has been set aside and in consequence thereof, suit of the plaintiff has been dismissed.

(2.) THE dispute is between father and his son, Harmeet Singh. The case of the father is that he is the absolute and exclusive owner of House No. 11, Sector 27 -A, Chandigarh and since its construction he is residing on the ground floor of the said house. Defendant is his youngest child who after having resided in Canada for eight years returned to India in the year 1982 when he got married to Kamaljit Kaur. He and his wife started living with the plaintiff who had retired as Food and Supplies Inspector from the Haryana State and was leading his retired life. Plaintiff has alleged that after the marriage, his son started misbehaving with his father (Plaintiff) and his mother, Smt. Ajit Kaur. He on 24.11.1983 not only abused the plaintiff but also physically assaulted him. Due to his conduct and behaviour plaintiff disowned and disinherited the defendant through a public notice in the Daily Tribune. A criminal complaint was also filed with the police. Since the defendant was residing with the plaintiff as a licensee with the explicit will and permission of the plaintiff, he served various notices on him terminating his licence but these notices were received back unserved. Therefore, the plaintiff gave a public notice in the Daily Tribune asking the defendant to vacate the premises. After the termination of the licence, defendant left and vacated a part of the premises except one room on which he has put a lock and has refused to remove the lock or vacate the room.

(3.) ON the pleadings of the parties, following is sues were framed by the trial Court: -