Swaraj Singh And Another v. Lachhman Kaur And Another

   

  

  

 

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5.There is another aspect to the case in hand. The same though, not pleaded cannot be overlooked by this Court. As claimed by the defendants themselves the suit property was jointly owned by one Bikram Singh and Balwinder Kaur in

equal shares. The said Bikram Singh has expired on 09.04.2012, as per the pleaded case of the defendant. The photocopy of the sale deed has been placed on record which clearly proves the ownership of Balwinder Kaur and Bikram Singh in equal shares. The deceased Bikram Singh was the real son of the plaintiff No.1. Thus, as per Hindu Succession Act, the plaintiff being the mother of deceased Bikram Singh is class-I legal heir and entitled to a share qua the ownership of Bikram Singh in the suit property along with other heirs. Thus on demise of Bikram Singh, the plaintiff No.1 had also become co-sharer in the half share of deceased Bikram Singh. As such, except in due course of law she could not have been dispossessed from the suit property. She is also entitled to possession of the suit property to the extent of her share. 6.

Even otherwise, the Court, in the given circumstances, cannot remain a mute spectator to the high headedness of the defendants in throwing the plaintiffs out of the suit property despite there being an injunction order in their favour by learned predecessor of this Court. 7.

Thus, keeping in view of the entire facts and circumstances of the case, the application is allowed. The defendants are directed to restore the possession of the plaintiffs in at least one bed room, washroom and kitchen within period of 7 days failing which the plaintiffs can approach the SHO, P.S. Division No.7, who will ensure the compliance of the order of this Court. Further, SHO, P.S. Division No.7, Jalandhar is directed to personally ensure the compliance of this order, if a approached by plaintiffs. The applications stands disposed of in above terms."

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