SUDERSHAN KHULLAR AND ANR. Vs. JOGINDER NATH

JUDGEMENT

(1.) A dispute relating to two Quarters Nos. 220 and 221 at Rehari Colony, Jammu allotted to the family as displaced persons of 1947, has brought the parties into a litigating mode. The aforementioned quarters stood allotted to one late Lakshmi Dass, as resident of village Dhana Tehsil Kotli District Mirpur now POK, who migrated to this side of the State as a displaced person, through the scheme adopted by the State of Jammu and Kashmir for such persons. At the time of his migration, the strength of the family being more than five members, he became entitled to the allotment of aforementioned quarters. The details of his family members were given in Form -A filed with the Provisional Rehabilitation Officer. On the strength of the family, he became entitled to two quarters mentioned hereinabove.

(2.) The respondent filed a suit before the 2nd Additional District Judge, Jammu claiming to be in joint ownership and possession of the aforementioned quarters. He sought partition of the aforementioned property by metes and bounds. The genesis of the suit is based upon the fact that the allotment was made to the family and not to the head of the family. He being the member of the family, was entitled to seek his share in the aforementioned property, which was being denied by petitioner. He also filed an application for grant of temporary injunction. His prayer has been declined by the trial court and this court also.

(3.) The respondent -1 has filed one more suit challenging the gift deed executed in favour of petitioner on 25-4-1986. The challenge is based upon the fact that he being the co- sharer in the property, the same could not have been gifted by petitioner -2. The other contention is that petitioner-2 was not absolute owner of the property but only a head of the family, as such, he had no right to transfer the property by way of gift deed to the petitioner-1.