CR No. 1554 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 1554 of 2011 (O&M) Date of Decision: 21.11.2011 Harbhajan Singh ...Petitioner Vs. Baljit Kaur ...Respondent BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Bhupinder Ghai, Advocate, for the petitioner. Mr.J.S.Thind, Advocate, for the respondent. --- A.N.Jindal, J. This petition has arisen out of judgment dated 5.03.2010 passed by the Additional District Judge, Chandigarh dismissing the appeal of the petitioner/defendant (herein referred as the petitioner) restraining the plaintiff/respondents Smt.Baljit Kaur and Smt. Harpreet Kaur (herein referred as the respondents) from interfering into his peaceful possession over the two rooms on the first floor and one room on the ground floor of the house bearing No.3081 Sector 40-D, Chandigarh, during the pendency of the suit, has been dismissed. CR No. 1554 of 2011 2 The respondents had filed a suit for declaration that they being the wife and daughter of the petitioner are entitled to residence and maintenance under section 18 (2) of the Hindu Adoption and Maintenance Act, 1956 and they being the occupiers of the aforesaid house are entitled to stay in the said house and prayed that petitioner be restrained from selling or alienating the said house. Along with the suit an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was filed. The defendant has contested the suit as well as the application. He has admitted the marriage between the parties and that the plaintiff is his daughter. He has also admitted that the matrimonial dispute is going on between the parties but he denied right of plaintiffs to stay in the house. Still another application was filed by the petitioner that he is the owner of the premises in dispute and therefore, plaintiffs be restrained from interfering in his entry over the first floor of the house in dispute. The trial court while holding that the plaintiffs are residing in the house, dismissed the application filed by the petitioner and the appeal preferred by the latter was also dismissed. The petitioner is a police officer and is recorded as resident of Gali No.3 in front of Dasmesh School, near District Courts, Mansa. Even as per the petitioner, the respondents are residing at House No.3081 Sector 40-D, Chandigarh (house in dispute) and he seeks injunction qua this property consisting of three CR No. 1554 of 2011 3 rooms – one on the ground floor and two rooms on the first floor. The defendant owns 14 acres of land in village Bodawal, District Mansa. A petition under section 13 of the Hindu Marriage Act filed by the petitioner is awaiting adjudication. The respondent has claimed that the petitioner is bent upon to alienate the said house in order to deprive of her right of residence. The parties are litigating on various fronts. The plaintiffs are wife and daughter of the petitioner and they being in possession of the said house have a prima facie case to stay in the house. The plaintiffs having a right of residence and maintenance cannot be turned out of the house forcibly. At the same time it would not be appropriate to permit the entry of the petitioner in the said small house as the plaintiffs have no other accommodation available with them; and the petitioner has not provided them any other suitable accommodation and the parties are at daggers drawn. If his entry is permitted he may create nuisance or use force to turn her out. As such, orders passed by both the courts below appear to be well founded. No grounds to interfere. Dismissed. (A.N.Jindal) 21.11.2011 Judge rp