SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(P&H) 35

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Paramjeet Singh
RSA No. 186 of 2014 (O & M)
Ashwinder Singh & Anr.
v.
Bhagwant Singh & Anr.
{Decided on 17/01/2014}

Advocates:
For the Appellants:Mr. Gitish Bhardwaj, Advocate.

Headnote:Right of Residence--Permission by father to his son to live in his self acquired house has nature of mere licensee and licensors--Therefore, son cannot claim right of residence.

       Specific Relief Act, 1963, S.38--Mandatory Injunction--License--Right to Residence--Father got decree against his son and daughter-in-law for vacating his house i.e. self acquired property of father and also payment of Rs.1500/- p.m. as usage charges till vacation of premises--Appeal by son dismissed--Injunction order upheld--Held;

       (i) Property of father was self acquired property and not joint family property--Therefore, son cannot claim right of residence.

       (ii) Permission by father to his son to live in his self acquired house has nature of mere licensee and licensors.

       (iii) License is terminable at the will of licensor on sending notice to licensee, intimating him termination of license--Transfer of Property Act, 1882, S.107--Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

JUDGMENT

Mr. Paramjeet Singh, J.: - This unfortunate regular second appeal is a poignant reminder of decaying social values and traditions in our country. The case is telltale story of how children have become detached in today’s commercialized world and are making attempts to throw out their aged parents from the property which the parents have acquired during their life-time. It is perfect example of children becoming insensate towards parents/senior citizens.

“Maatru Devo Bhava” (revere your mother as God) and “Pitro Devo Bhava” (revere your father as God) is a well-known proverb.

2. On page 1200 of Sri Guru Granth Sahib, Sri Guru Ram Dass has written that “KAAHAY POOT JHAGRAT HA-O SANG BAAP / JIN KAY JANAY BADEERAY TUM HA-O TIN SIO JHAGRAT PAAP//” (O son, why do you argue with your father? It is a sin to argue with the one who fathered you and raised you.).

3. The above words of prudence guide us that we have to treat our parents as God. Modernization, technological advancement and social liability have changed our life-style and values. Sadly, our bent of mind and responsibility towards parents has degenerated. We have forgotten about Sharavan Kumar, who placed his blind parents in two baskets and carried the baskets on his shoulder to various places of pilgrimage. We have also forgotten the duties of a son towards aged parents. We have completely given up our ancient traditions when parents were most revered and respected.

4. In the present case, son and daughter-in-law who happen to be defendants in the present case, have failed to spare a thought as to how fragile and feeble aged persons will be able to cope up their failing health, financial constraints, depressions, loneliness, harassment, emotional stress and physical restraint and love towards grand-children. They were not properly guided even in filing the suit. Keeping in view the difficulties faced by aged persons at the hands of their children, new law known as Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has been passed with a purpose to give some relief to senior citizens if they are ignored by their children after devastating them of their property. This problem is widespread and needs to be addressed immediately.

5. This second appeal arises from a suit for mandatory injunction and recovery filed by plaintiffs-Bhagwant Singh and his wife-Amarjit Kaur directing defendants i.e. their son-Ashwinder Singh and daughter-in-law Sukhwinder Kaur to hand over the vacant possession of the disputed property and to make the payment of Rs.1500/- per month for use and occupation charges from the date of filing of suit till date of actual delivery of possession, which has been decreed by the Court of first instance vide judgment and decree dated 05.01.2013 and appeal preferred by the defendants has been dismissed by lower Appellate Court vide judgment and decree dated 04.12.2013.

6. The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts, as pleaded by plaintiffs, are to the effect that plaintiff no.1-Bhagwant Singh had purchased the suit property as detailed in head-note of plaint vide registered sale deed No.2490 dated 27.07.1977. Defendants being son and daughter-in-law were allowed to live in one room, kitchen and bathroom on first floor and one room on ground floor of the suit property as licensees of plaintiffs for looking after and providing necessary help to plaintiffs due to their old age. When the suit was filed, plaintiffs were stated to be 66 and 60 years old, respectively. Plaintiffs are in possession of four rooms, one store, one drawing room, two kitchens and one bathroom on ground floor and two rooms on first floor including one religious room. It was further pleaded that plaintiffs are paying electricity, water and sewerage charges of the house. Even defendants were allowed to use T.V., Refrigerator, Gas Cylinder and Gas Stove and other household a































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top