GURSHARAN SINGH UBEROI Vs. JAGMOHAN SINGH UBEROI

JUDGEMENT

(1.) It is an unfortunate dispute between the family members who are educated, spending time and money in the courts rather than resolving their dispute in between themselves.

(2.) Undisputed facts are that father of the parties, namely, Late Sh. Amar Singh Uberoi had constructed this 2 kanal house (1000 sq. yards) which fell to share to his two sons, namely Jagmohan Singh Uberoi, the plaintiff and Gursharan Singh Uberoi, the defendant. Both the parties entered into a family settlement to resolve their disputes. In the family settlement, correctness whereof is not disputed between the parties, Gursharan Singh Uberoi is referred to as Party No.1, whereas Jagmohan Singh Uberoi is referred to as Party No.2. Relevant clause of the family settlement is as under:-

(3.) Jagmohan Singh Uberoi who is stated to have died had filed a suit for mandatory injunction directing the defendant to demolish the iron gate adjoining to the lawn on the rear portion of the house. He also prayed for a decree for mandatory injunction directing the defendant to open the lock of the staircase which goes into first floor.