IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR No.695 of 2022

Date of decision: 22^nd April, 2022

Harjit Kaur

… Petitioner

Versus

Gurjeet Singh & others

… Respondents

CORAM: HON’BLE MR. JUSTICE FATEH DEEP SINGH

Present:

Mr. Vikram Preet Arora, Advocate for the petitioner.

FATEH DEEP SINGH, J.

Harjit Kaur present petitioner then plaintiff initially

preferred against Gurjeet Singh and others (now respondents) suit for

permanent injunction restraining them or their agents etc. from

interfering into peaceful possession of the plaintiff in the suit property

comprising of residential premises situated within the Lal Lakir which is

duly described and depicted in the head note of the plaint. It is the own

case of the plaintiff that she is a widow with her only living son residing

abroad and claims to have come into possession of the property in the

year 2012 upon death of her father Gurdev Singh, who had executed a

registered Will dated 29.07.2011 in her favour. It is claimed further that

defendants out of a conspiracy have managed to forge and fabricate two

agreements to sell dated 10.12.2012 in respect of this property when

earlier the plaintiff had sold three shops to different persons in the year

RATTAN PAL SINGH

2022.05.02 17:42

I attest to the accuracy and

authenticity of this document

Punjab & Haryana High Court

CR No.695 of 2022

2

2014 and threatened over the acts has filed the suit in which she had

sought ad-interim injunction.

The Court of learned Civil Judge (Senior Division),

Rupnagar vide order dated 03.08.2021 ordered the parties to maintain

status quo in respect of the possession of suit property and restrained the

defendants from interfering into the peaceful possession of the plaintiff.

The relevant part of the order reads as follows:-

“Thus, in this eventuality, this Court hereby directs

both the parties to maintain status quo with regard to

possession of the suit property and defendants are hereby

restrained from interfering into the peaceful possession of

the plaintiff over the suit property. Accordingly, stay

application under reference is partly allowd. Ordered

accordingly.”

The defendants filed an appeal and it is through impugned

order dated 10.12.2014 the Court of learned Additional District Judge,

Rupnagar reversed the findings of the Court below by setting aside the

same and allowing the appeal and it is in these circumstances present

invocation has come about by way of civil revision.

Upon hearing Mr. Vikram Preet Arora, Advocate for the

petitioner and perusal of the records.

Since the plaintiff had filed the suit, a heavy onus lay upon

her to establish her case beyond shadow of doubt. She claims that her

deceased father Gurdev Singh was the owner in possession of the suit

RATTAN PAL SINGH

2022.05.02 17:42

I attest to the accuracy and

authenticity of this document

Punjab & Haryana High Court

CR No.695 of 2022

3

property which was bestowed upon her through Will dated 29.07.2011.

Without going to this aspect of the matter, her right to inheritance etc.

and the validity of the Will, what is necessitated at this stage is what

proof is forthcoming from the side of the plaintiff (now petitioner) as to

her prima facie being in possession of the property. Being a simplicitor

suit for permanent injunction where question of title of property is not to

be gone into, there is not even an iota of document to show that this suit

property which is within Lal Lakir is either the ownership or in

possession of the petitioner plaintiff Harjit Kaur. Rather what has come

across in the impugned findings, there is an agreement to sell,

photographs, bank receipts, record of payment of rent and electricity

bills which are in the name of respondent No.1 Gurjeet Singh son of

Daljit Singh and which could not be controverted by the learned counsel

for the petitioner in his submissions.

Apparently this Court cannot find any fault in th