CWP No.11704 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11704 of 2010 (O&M) Date of Decision: 12.01.2011 **** Paramjit Kaur & Ors. . . . . Petitioners VS. State of Punjab & Ors. . . . . Respondents **** CWP No.2566 of 2010 (O&M) Date of Decision: 12.01.2011 **** Sukhdev Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. LN Verma, Advocate for the petitioners (Counsel for respondents No.5 to 7 in CWP No.2566 of 2010) Ms. Sudeepti Sharma, DAG Punjab Mr. HS Brar, Advocate for respondents No.2 to 4 Mr. GS Bhatti, Advocate for respondent No.5 (Counsel for petitioner in CWP No.2566 of 2010) ***** SURYA KANT J. (ORAL) CWP No.11704 of 2010 (1). The petitioners are wife, daughter and son, respectively of late Tarsem Singh son of Lal Singh CWP No.11704 of 2010.doc - 2 – who was admittedly the owner of plot/house No.328 Phase 3-B-1, SAS Nagar, Mohali which he had purchased from Bawa Satinder Singh s/o Bawa Sawan Singh vide registered sale deed No.3627 dated 27.12.1984. It is averred that the subject house has been in possession of Tarsem Singh and his family since the year 1988. Tarsem Singh unfortunately died on 31.01.1997. The petitioners thereafter applied for transfer of the ownership of the subject house in their names being the legal representatives of the deceased owner but it appears that the respondent-authorities refused to do so as meanwhile Sukhdev Singh – brother of late Tarsem Singh asserted his own claim qua the plot/house in dispute. Sukhdev Singh has approached this Court separately in CWP No.2566 of 2010 which is being disposed of vide this order. (2). Having heard learned counsel for the parties and keeping in view the fact that the plot/house in question was indisputably purchased in the name of Tarsem Singh vide registered sale deed dated 27.12.1994 and the petitioners (in CWP No.11704 of 2010) are admittedly his legal representatives, the CWP No.11704 of 2010.doc - 3 – subject plot/house has to be transferred in the name of the petitioners only. (3). Ordered accordingly. (4). The needful shall be done within a period of one month from the date of receipt of a certified copy of this order. CWP No.11704 of 2010.doc - 4 – CWP No.2566 of 2010 As a consequence to the aforesaid direction and the fact that the petitioner herein is nowhere recorded as the owner of the house/plot in dispute and the issue raised by him is a seriously disputed question of fact, the writ petition is dismissed with liberty to the petitioner to approach the appropriate forum to establish his right/title/claim in accordance with law. Dasti. 12.01.2011 vishal shonkar (S u r y a K a n t) Judge