BALA DEVI Vs. ISHWAR KAUR

JUDGEMENT

(1.) IN a suit filed by the mother-in-law against the daughter-in-law with respect to a dispute relating to possession over and in a part of the house, the learned Civil Judge (Junior Division), Court No. 1, Dharamsala vide order dated 20.4.2006 passed in CMA No. 8-VI of 2006, while disposing of the application filed under Order 39 Rules 1 and 2 CPC, injuncted the petitioner from interfering with the peaceful possession of the respondent ­ plaintiff in the said house, being house No. M-30, Housing Board Colony, Chilgari, Dharamsala. Feeling aggrieved, the petitioner ­ daughter-in-law filed Civil Miscellaneous Appeal No. 19- D/XIV-2006 against the aforesaid order and the learned District Judge, Kangra at Dharamsala vide his judgment dated 7.8.2006, while upholding and maintaining the aforesaid order of the learned Civil Judge (Junior Division) continued with the aforesaid injunction against the petitioner, but with two modifications. The first was that for a period of 30 days from the date of the passing of the judgment dated 7.8.2006, the operation of the said judgment would remain suspended and secondly, the plaintiff ­ respondent, with the help of her son Virender Singh, shall make a suitable alternative arrangement for providing proper accommodation to the petitioner in a different house in Dharamsala town, the accommodation comprising a minimum of two rooms with all amenities etc. etc.

(2.) ON 1.9.2006 when this case came up for the first time, I had directed the learned counsel to produce their respective clients in the Court today for exploring the possibility of an out of Court settlement. Even though the petitioner and the respondent as well as the son of the respondent Virender Singh have appeared today in person, no possibility of any out of Court settlement emerged and, therefore, the effort failed.

(3.) DURING the course of my conversation with the parties today, Virender Singh, the husband of the petitioner even though he is not a party in this petition, but accompanying his mother, stated before me that he is not living in the house in question in Chilgari and that he is living with a friend in his house in Yol, a place at a slight distant from Dharamsala town. I also talked to the petitioner Bala Devi. She admitted that even though she is living in the third floor of the house in Chilgari, Virender Singh is not living in that floor with her.