BALDEV SINGH Vs. SURINDER MOHAN SHARMA
LAWS(SC)-2002-11-30
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
November 01,2002
BALDEV SINGH
Appellant
VERSUS
SURINDER MOHAN SHARMA
Respondents
Cited Judgements :-
OM PRAKASH VS. PRATAP SINGH [LAWS(DLH)-2012-7-515] [REFERRED TO]HARDEVINDER SINGH VS. PARAMJIT SINGH [LAWS(SC)-2013-1-12] [REFERRED TO]
RITA DSOUZA VS. JAY MANGAL KUMAR [LAWS(JHAR)-2018-7-179] [REFERRED TO]
PHAREZ JOHN ABRAHAM (DEAD) VS. ARUL JOTHI SIVASUBRAMANIAM K. [LAWS(SC)-2019-7-19] [REFERRED TO]
JAMIA HAMDARD (DEEMED UNIVERSITY) VS. HAMDARD NATIONAL FOUNDATION (INDIA) [LAWS(DLH)-2020-10-121] [REFERRED TO]
V.K. KAMALA DEVI, D/O. NARAYANI, AGED 87 YEARS, SHIKA APARTMENT, PADAVATHALA VALAPPIL PARAMB, P.O. EAST NADAKKAVU, ERANHIPALAM, KACHERI AMSOM, DESOM, KOZHIKODE VS. THE SOUTH INDIAN BANK LTD., WEST HILL BRANCH, POST CHAKKORATHKULAM, KACHERI AMSOM, DESOM, KOZHIKODE TALUK, REPRESENTED BY ITS BRANCH MANAGER, ROFI M.F, S/O. FRANCIS, AGED 35 YEARS [LAWS(KER)-2017-1-99] [REFERRED TO]
K. KUMAR VS. MAHABOOMARIAM BEEVI [LAWS(MAD)-2023-3-87] [REFERRED TO]
MOHAN LAL SRIVASTAVA VS. PARSHOTTAM [LAWS(ALL)-2009-7-134] [REFERRED TO]
MRIGAN MAITY VS. DARIDRA BANDHAB BHANDAR [LAWS(CAL)-2011-9-75] [REFERRED TO]
MUKENDRASINH DHIRUBHA JADEJA VS. JOSHI AND CO OWNERS AND ORS [LAWS(GJH)-2014-10-106] [REFERRED TO]
PATEL VINODBHAI KHODIDAS VS. PATEL PRAVINBHAI KACHARABHAI [LAWS(GJH)-2021-3-347] [REFERRED TO]
SUNIL KUMAR MISHRA VS. M.P. STATE MINOR FOREST PRODUCE [LAWS(MPH)-2020-3-8] [REFERRED TO]
SRI V.N.KRISHNA MURTHY VS. SRI RAVIKUMAR [LAWS(SC)-2020-8-27] [REFERRED TO]
CHELLUDOYINA VARA SANKARA PRASAD VS. CHELLUBOYINA ADI LAKSHMI [LAWS(APH)-2022-10-43] [REFERRED TO]
MOOMAN JAFFERALI ALIJI MAKNOJIYA VS. SHIA IMAMI ISMAILI MOMIN JAMAT SAMAJ [LAWS(GJH)-2021-10-1517] [REFERRED TO]
MANJU DEVI VS. BOARD OF REVENUE ALLAHABAD [LAWS(ALL)-2020-5-45] [REFERRED TO]
MOMAIPURA MAHILA DUDH UTPADAK SAHAKARI MANDLI LIMITED VS. ADDITIONAL REGISTRAR [LAWS(GJH)-2022-9-410] [REFERRED TO]
KAMALA BALA PAUL VS. MUNICIPAL COMMISSIONER C M C [LAWS(CAL)-2003-9-6] [REFERRED TO]
MRIGAN MAITY AND ORS. VS. DARIDRA BANDHAB BHANDAR AND ANR. [LAWS(CAL)-2011-9-203] [REFERRED TO]
MAHEEN AZHAR KAKROO VS. SADAF NIYAZ SHAH [LAWS(J&K)-2020-12-44] [REFERRED TO]
J&K CO-OPERATIVE SUPPLY & MARKETING FEDERATION LTD VS. HAZIR BEGUM [LAWS(J&K)-2009-4-32] [REFERRED TO]
JUDGEMENT
S. B. Sinha, J. -
(1.)Leave granted.
(2.)One Ajay Kumar, said to be a brother of a property dealer, instituted a suit for permanent injunction against the first respondent herein in respect of a House No. HM-14, Phase II, Mohali. The said suit was dismissed as withdrawn on 14th December, 1991. Allegedly, in relation to the said property, the first respondent entered into an agreement to sell dated 23rd June, 1990 with the father of the appellant (since deceased). He expired on 5th January, 1991. The first respondent herein thereafter filed a suit for possession against the aforementioned Ajay Kumar treating him as his tenant and the appellant as the sub-tenant. He also allegedly refused to honour the agreement to sell earlier executed by him in favour of father of the appellant. While deposing in the second suit, the appellant herein made the following statements in cross-examination :
"My first wife is Sarbjit Kaur and my second wife is Paramjit Kaur whenever I have been posted at Chandigarh I have been staying with my wife Paramjit Kaur. She is in service in Director, Cultural Affairs, Punjab, Sector-38, Chandigarh as Librarian. I have two children from Paramjit Kaur."
(3.)Relying on or on the basis thereof, the first respondent herein made complaints to the employers of the appellant and his wife Paramjit Kaur on the ground that they have contracted a second marriage during the lifetime of the first wife of the appellant; whereupon departmental proceedings were initiated both against the appellant as also his wife, Paramjit Kaur.
(2.)One Ajay Kumar, said to be a brother of a property dealer, instituted a suit for permanent injunction against the first respondent herein in respect of a House No. HM-14, Phase II, Mohali. The said suit was dismissed as withdrawn on 14th December, 1991. Allegedly, in relation to the said property, the first respondent entered into an agreement to sell dated 23rd June, 1990 with the father of the appellant (since deceased). He expired on 5th January, 1991. The first respondent herein thereafter filed a suit for possession against the aforementioned Ajay Kumar treating him as his tenant and the appellant as the sub-tenant. He also allegedly refused to honour the agreement to sell earlier executed by him in favour of father of the appellant. While deposing in the second suit, the appellant herein made the following statements in cross-examination :
"My first wife is Sarbjit Kaur and my second wife is Paramjit Kaur whenever I have been posted at Chandigarh I have been staying with my wife Paramjit Kaur. She is in service in Director, Cultural Affairs, Punjab, Sector-38, Chandigarh as Librarian. I have two children from Paramjit Kaur."
(3.)Relying on or on the basis thereof, the first respondent herein made complaints to the employers of the appellant and his wife Paramjit Kaur on the ground that they have contracted a second marriage during the lifetime of the first wife of the appellant; whereupon departmental proceedings were initiated both against the appellant as also his wife, Paramjit Kaur.
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