JUDGMENT :

Vikram Aggarwal, J.

The instant revision petition is directed against the order dated 18.09.2024 passed by the Court of learned Additional Civil Judge (Senior Division), Panchkula vide which the suit filed by respondents No. 1 to 3/plaintiffs under Section 6 of the Specific Relief Act, 1963 (for short 'the 1963 Act') for restoration of possession was decreed.

2. For the sake of convenience, the parties shall be referred as per their original status.

3. There is a famous proverb 'Blood is Thicker Than Water' which essentially means that familial bonds will always be stronger than other relationships. The oldest record of this well-known saying, as per Wikipedia, can be traced back to the 12th Century in the German language where it first appeared in the Medieval German Beast Epic 'Reinhart Fuchs' (English meaning 'Reynard the Fox'). In the good old times, familial bonds were strong. The young members of the family had enormous respect for the elders and the elders too were fair and caring. In most families, property disputes were looked down upon especially when disputes erupted between blood relations and close family members. With time, with the rise in the prices of property, there has been a decline in values. Murders take place over property disputes and civil litigation has become the order of the day. No doubt, such litigation and disputes have existed since times immemorial but over the last quarter of a Century, such disputes have witnessed a sharp increase.

4. The present case is also a small example of such disputes. It is also sad that in many cases, no dispute arises till the time a person is living but the moment a person leaves the mortal frame, disputes erupt. In the present case, the dispute is between one whole family consisting of parents, one son the family of a pre-deceased son and two daughters on one side and the family of another pre-deceased son on the other. Ram Sarup @ Sarup @ Ram Swaroop (hereinafter referred to as 'Ram Swaroop') and Surinder Kaur @ Sarinder Kaur had three sons namely Jagdeep @ Jagdeep Singh, Swaran Singh and Harjinder Pal and two daughters namely Paramjit Kaur and Manjeet Kaur. The plaintiffs Jaswinder Kaur, Manpreet Kaur and Amandeep Singh are the wife and two children of Harjinder Pal. Harjinder Pal was murdered in 2009. Certain disputes erupted between the plaintiffs and the parents of Harjinder Pal and a string of litigation ensued, the details of which shall be mentioned later on.

5. The plaintiffs filed a suit under Section 6 of the 1963 Act for restoration of possession of portion of residential house situated in Village Jaisingh Pura, Sector 27, Panchkula (hereinafter referred to as the 'disputed property') as depicted by the letters GHIJ in the site plan (Ex. P-1). Consequential relief of permanent injunction restraining the defendants from alienating and transferring the possession of the disputed property was also sought.

6. The case set up was that out of the three sons and two daughters, Harjinder Pal and Swaran Singh had expired. Harjinder Pal, who was working as a Chowkidar in Post Office, Sector-1, Panchkula was murdered on 04.01.2009 while he was on duty. It was alleged that the defendant Ram Swaroop was holding joint family properties out of which, some properties had been acquired by the State of Haryana for the development of Sector-27, Panchkula. After the death of Harjinder Pal, relations between the plaintiffs and defendant No.l became strained as a result of which litigation ensued.

7. On 03.09.2021, the defendants dispossessed the plaintiffs from the disputed property by breaking open the locks. They are alleged to have taken away the household articles and are also alleged to have taken illegal possession of the same. Complaints were preferred to the police and other authorities but no action was taken. The police, instead of taking action against the defendants, challaned plaintiff No.l under Section 107/150 of the Code of Criminal Procedure, 1973 (for