RANJIT KAUR Vs. MAJOR HARMOHINDER SINGH

JUDGEMENT

(1.) Major Harmohinder Singh instituted suit for permanent injunction against his wife Smt. Ranjit Kaur and others restraining them from interfering in any manner in his ownership and peaceful possession of the property in dispute. Later on, the suit was amended into one for mandatory injunction directing them to restore him possession as he was dispossessed (allegedly illegally and forcibly). It was alleged in the plaint that he was owner of the property in dispute and he was running Mansha Security Service in the said house, which was registered with the Director General Re-settlement, Ministry of External Affairs. Telephone No. 575179 was also lying installed in his house in his name. He is ex service man. He retired recently and constructed the house after having taken loan from the Housing Development financial Corporation. Instalments are being repaid by him. He was putting up in the house along-with his mother, servant and other staff. Unfortunately, his relations with his wife Smt. Ranjit Kaur became strained. Divorce proceedings arose between them, which are pending in the District Court at Chandigarh. Jasbir Singh and Balbir Singh defendants are her brothers while defendant No. 5 is also their relation. With the muscle power at their back, they dispossessed him forcibly from the said house No. 84 Phase IX SAS Nagar, Mohali.

(2.) Defendant Ranjit Kaur contested the suit urging that she is in exclusive possession of the house in which she is residing with her two minor sons for the last more than two years. This house was constructed by her with her own money. Her husband (Major Harmohinder Singh) filed divorce/judicial separation case against her and he is presently residing at Chandigarh with his sister in house No. 435, Sector 20-A, Chandigarh. Later on, she amended written statement and filed counter claim urging that she is entitled to retain the house in dispute as a residence being part of maintenance.

(3.) On the pleadings of the parties, the following issues were framed.