GAGANDEEP KAUR SAINI Vs. BACHITTER SAINI

JUDGEMENT

(1.) This revision petition is directed against order dtd. 20/12/2018, passed by Civil Judge (Sr. Divn.) NRI Court, Jalandhar, ordering restoration of possession of the suit property to the plaintiffs/respondent Nos.l and 2 on the basis of an application filed by them under Sec. 151 CPC. The defendants/respondents pray that this order be set aside, by way of acceptance of the revision petition and application filed by the plaintiffs seeking restoration of possession be dismissed.

(2.) Briefly stated facts of the case as per version of the plaintiff are that plaintiffs Bachitter Saini and his wife Parminder Kaur had filed a suit for grant of permanent injunction restraining the defendants Amritpal Saini, Gurpreet Kaur Saini and Gagan Deep Kaur Saini from taking forcible and illegal possession of the suit property. Along with the suit, they had moved an application for grant of ad-interim injunction and on which ad-interim injunction was granted to them. Defendant Nos.5 to 7 had put in appearance but since they had failed to file written statement, their defence was struck off. Both the plaintiffs had returned to Italy in the last of January and at the time of leaving India, they had appointed Dalbir Singh as a care taker of the suit property and handed over the keys to him. A dispute arose between defendant No.4 and her husband who was son of the plaintiffs. Defendant No.4 had filed a complaint to the police in Italy which was found to be false. Then, she came to India with her minor daughter Avleen Kaur Saini. However, the defendants had a scuffle with Dalbir Singh and by use of duplicate keys, they entered the suit property. According to the plaintiffs, the same is their self acquired property with which, the defendants have no concern. The defendants have come in wrongful possession of the suit property and the possession be restored to the plaintiffs.

(3.) The application was resisted by respondent Nos.4 to 7, contending that defendant Nos.l to 3 are real sons of plaintiffs and defendant No.l Amritpal Saini was married with Gurpreet Kaur Saini, daughter of defendant No.2 in the year 2010. She is daughter of defendant Nos. 5 and 6 and real sister of defendant No.7. Defendant No.4 Gagandeep Kaur Saini had keys of the property in dispute since her marriage with defendant No.3 and when defendant No.4 went to Italy, the original keys were also with defendant No.4. Then, defendant No.4 had given birth to a daughter, namely, Avleen Saini in Italy. She was torturedby her parents in-law Bachitter Singh and Parminder Kaur-plaintiffs along with her husband and as such, under compelling circumstances, she returned to India along with minor daughter on 22/6/2018. She used to stay in the house in dispute with her minor daughter. On 9/9/2010, when defendant No.4 along with minor daughter went to the house at 9.00 am for cleaning the house, then, Dalbir Singh and Paramjit Kaur and one unknown person came and started pushing the defendant No.4 and her minor daughter in order to turn them out of the house. They also tore her clothes. As such, she moved an application to the police but no action was taken. Defendant Nos.1 to 4 have been disinherited by the plaintiffs by way of publication in the newspaper. Therefore, no ground for restoration of the possession was made out.