CIVIL REVISION NO.3939 OF 2008 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: JULY 28, 2008 Kiran Sharma and others .....Petitioners VERSUS Tara Devi and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Jagdish Manchanda, Advocate, for the petitioners. **** RANJIT SINGH, J. Unfortunate father happened to gift his house to his son during his life time. Son being from generation actuated with modern values soon showed his colours by attempting to throw the old man and his wife out of the house. Father realised his folly and acted to correct his mistake and challenged the gift deed on the ground of fraud etc. Before he could succeed, he succeeded in completing his worldly journey. He is no more. He has left behind his wife to face the ire of their own children. The son also has not enjoyed the fruit of gift and has passed away leaving behind his wife and children to fight with his mother. Not a scene in some movie but is a plight of freedom CIVIL REVISION NO.3939 OF 2008 :{ 2 }: fighter. Facts are gisted here under:- Jagan Nath Sharma is the father who gifted his House in Sector 15, Chandigarh. The old man had built this house in the year 1964. He is a freedom fighter, being a member of Indian Army, who had remained driver of Neta Ji Subhash Chander Boss. When he suffered a heart attack in the year 2001 at the ripe age of 80 years, his son requested him to execute a power of attorney in his favour. Jagan Nath Sharma had earlier executed a will in favour of his grand son, who is none other than son of his same son. This will was subsequently revoked in order to avoid strained relations with the son. The son not only neglected the father but took advantage of his frail health in obtaining signatures on certain blank papers. Soon thereafter, the son started misbehaving with the father and mother as well. Even allegation of threat to life was advanced for transferring the house in question on the basis of the blank papers that were got signed. Disclosing these facts, Jagan Nath Sharma filed a suit challenging the gift deed and subsequent letter of transfer, pleading that he never had intention to gift the house to his son and the same is result of fraud and misrepresentation. The son came forward to contest the claim filed by his father. He blamed his father for not coming to the Court with clean hands. He relies on a gift deed which he states to be made voluntarily, on the basis of which the property was subsequently transferred in the name of his son. Thus, he claims himself to be sole and absolute owner. The father died fighting litigation. His L.Rs were CIVIL REVISION NO.3939 OF 2008 :{ 3 }: impleaded. Son also met the same fate and his widow minor children now stand impleaded as his L.Rs. Tara Sharma wife of deceased husband Jagan Nath Sharma has now moved an application under Order 39 Rules 1 and 2 CPC saying that after the death of her husband, his son and defendant Kiran had turned her out of the house and she is now living in rented house in Naya Gaon. Ms. Kiran, however, claims exclusive ownership over the property and is not ready to give any space to her mother-in-law (wife of late Jagan Nath Sharma). Considering these peculiar facts, the Trial Court directed Ms.Kiran to provide two rooms alongwith kitchen and bathroom in House No.1039, Sector 15, Chandigarh to Smt.Tara Devi Sharma. The Appellate Court found the order fully justified and dismissed the appeal. Relentless petitioners have filed the present revision petition to impugn both the orders. Rather an unfortunate scene. A father who fought for the Nation, gifted his house, to say, foolishly, to his son and had then to fight litigation to stay in the said house. Both son and father are no more but there is no respite in the fight that has ensued. 75 years old lady is seeking a space in a same house which was built by her husband, who had gifted the same to his own off-springs. Daughter- in-law is not ready to tolerate a fair arrangement made by the Courts for allowing this old and infirm lady to stay in two rooms alongwith kitchen and bathroom. It is seen that daughter-in-law had rented out upper portion of the house. The respondent-mother in law alleges that she is running a paying guest and earning a handsome amount. The daughter-in-law has accordingly expressed her difficulty to CIVIL REVISION NO.3939 OF 2008 :{ 4 }: accommodate aged mother-in-law, though she is accommodating paying guests and is prepared to arrange some rented accommodation for her. What a scene to notice? Mother or mother- in-law is not being tolerated in a house which was raised by her husband and is in the possession of her own off sprints. Mere fact that parties are litigating so hard to reach upto this Court, when a just and fair order is made for allowing the old lady to stay in two rooms, kitchan and a bathroom of the house would not reflect anything good side of our society. Values perhaps have changed with value of the property. The daughter-in-law is not able to realise that this house was built and gifted to her husband by none other than the husband of respondent-Tara Devi Sharma. She is no stranger to her and is her mother in law. The Court has rightly noticed that on the death of her son, mother would be entitled to share in the property of the son, being a first class heir. The fair approach adopted by the Court needs appreciation rather then any interference. I would, thus, dismiss this petition. July 28, 2008 ( RANJIT SINGH ) khurmi JUDGE