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Judgment
Alok Singh, J.—Undisputedly, property, in question, was purchased in the year 1962 by Ravi Mittal and G.D. Mittal; in 1964, 50% share of the land was transferred in favour of present petitioner; Mahendri Devi was legally wedded wife of Bhagat Ram; Bhagat Ram died in the year 1958, out of the wedlock between Mahendri Devi and Bhagat Ram, Ravi Mittal (son), Sunita Mittal and Amita Gujral (daughters) born; Mahendri Devi started living in the property, in question. According to petitioner, Mahendri Devi was only licensee while as per respondents, she got married with Ravi Mittal, brother of present petitioner, after death of her first husband Bhagat Ram. However, fact remains that there is no document pertaining to marriage between Mahendri Devi and Ravi Mittal, brother of petitioner.
Mr. Arvind Vashisht, counsel for respondent nos. 4 and 5 submits that Ravi Mittal himself has admitted, in a bail application filed by him and in a document creating Society, that Mahendri Devi was his wife.
On the other hand, Mr. Rakesh Thapliyal, Advocate for the petitioner, contends that Mahendri Devi herself admitted in a sale deed executed in the year 1970 and in an application moved for converting lease property to free hold property that she was widow of Bhagat Ram. Had she been wife of Ravi Mittal, she would have shown herself wife of Ravi Mittal. According to Mr. Thapliyal, license to reside in the property stood expired, firstly, on the death of Ravi Mittal i.e. on 10.12.2011 and secondly, on 26.09.2012, when Mahendri Devi expired. Therefore, possession was neither transferred nor could have been transferred to the Vishwa Hindu Parishad.
Ravi Mittal, brother of petitioner, died on 10.12.2011 and thereafter, Mahendri Devi died on 26.09.2012. Mahendri Devi allegedly executed one WILL in favour of her children on 02.05.2012; children of Mahendri Devi, thereafter, in the garb of alleged WILL executed one Gift Deed, which was ultimately registered on 01.10.2012 in favour of Vishwa Hindu Parishad.
Respondents no. 4 and 5 are claiming possession over the property, in dispute, pursuant to the Gift Deed executed by children of Mahendri Devi. On the other hand, petitioner, being real brother of Ravi Mittal, is claiming possession over the property, in dispute, saying he is the only legal heir of Ravi Mittal, who died issueless and was bachelor.
Present petitioner, after passing of impugned order, has filed a civil suit for cancellation of Gift Deed and for declaration that Mahendri Devi was not wife of Ravi Mittal and for permanent prohibitory injunction. The question of possession is now, sub-judice before the competent Civil Court. It is also not disputed that considering the apprehension of breach of peace proceedings under Sections 107 and 116 were also initiated.
No need to issue notice to respondents no. 6 to 13 at this stage.
Respondents no. 1 to 5 may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List thereafter.
Meanwhile, parties shall maintain status quo over the property, in dispute. In the peculiar facts and circumstances of the case, learned Civil Judge is directed to decide ad interim injunction application pending in the civil suit, at its own merit, in accordance with law, if possible, within 90 days from today. Learned Civil Judge shall decide the ad interim injunction application without being prejudiced from the order of status quo passed by this Court today.