PARMINDER KAUR Vs. AMARJIT KAUR

JUDGEMENT

(1.) Petitioner has assailed the order dated 17.07.2017 passed by the Civil Judge (Jr. Divn.) Ludhiana vide which application under Order 39 Rules 1 and 2 read with Section 151 CPC was dismissed by the Courts below.

(2.) Brief facts of the case are that plaintiff filed a suit for permanent injunction restraining the defendant from interfering in peaceful possession of the plaintiff over the suit land/house. Along with the suit, an application under Order 39 Rules 1 and 2 CPC was also filed. Plaintiff asserted that she along with her family is residing in the suit property measuring 315 sq. yards situated at Street No.12-C, Shaheed Karnail Singh Nagar, Back side Merado Colony, Ludhiana and house property measuring 150 sq. yards situated at Street No.12-D, Shaheed Karnail Singh Nagar, Back side Merado Colony, Ludhiana. The aforesaid properties shown in site plan A and B are connected with each other. It was alleged by the petitioner that defendant is sister-in-law (nanad) of the plaintiff and the plaintiff is in actual physical possession of the suit property without any interference of anyone since the date of her marriage with Tara Chand, who was actual owner of the suit property. Plaintiff placed on record photographs to show that the plaintiff and her family members remained in possession of the same. On the basis of threat perception, the suit for permanent injunction came to be filed.

(3.) As per written statement filed by the defendant, it was asserted that defendant and her husband were the owner of the suit properties measuring 300 sq. yards and 163 sq. yards as per revenue record. Defendant had purchased the suit property vide registered sale deeds dated 11.01.1983 and 29.08.1985 from the previous vendors. The name of defendant and her husband are recorded in the revenue record. In the year 1988, defendant and her husband along with other family members shifted to America. The supervision of the property in question was handed over to the sister of defendant namely Harbhajan Kaur and thereafter to Bhagwant Kaur and in the year 1997, defendant with the consent of her husband gave supervision of the suit property to her brother Tara Singh and his wife Parminder Kaur (plaintiff). The keys of servant room of the property was given to them in order to supervise and take care of the property which was locked by the defendant. Only the servant room was given to the plaintiff as licensee. Defendant and her husband used to visit and live in the suit property. When the defendant along with her nephew came to India on 202017, they found that locks of the suit property were broken. FIR was got registered.