'With Rise In Property Prices, Values Are Declining': Punjab & Haryana HC Laments Increase In Property Disputes After Family Member's Death

"With time, with the rise in the prices of property, there has been a decline in values. Murders take place over property disputes and civil litigation has become the order of the day", observed the Punjab & Haryana High Court while flagging decline in family values amid rising land-dispute litigations.Justice Vikram Aggarwal said, "No doubt, such litigation and disputes have existed since times immemorial but over the last quarter of a Century, such disputes have witnessed a sharp increase...It is also sad that in many cases, no dispute arises till the time a person is living but the moment a person leaves the mortal frame, disputes erupt."The Court quoted the proverb, 'Blood is Thicker Than Water' which means "that familial bonds will always be stronger than other relationships."It further emphasised that in the good old times, familial bonds were strong. The young members of the family had enormous respect for the elders and the elders too were fair and caring, it said. In most families, property disputes were looked down upon especially when disputes erupted between blood relations and close family members, it added.These observations were made while hearing the revision plea filed against the order passed by the Court of Additional Civil Judge (Senior Division), vide which the suit filed by respondents under Section 6 of the Specific Relief Act, 1963 for restoration of possession was decreed.In the present case, the dispute is between one whole family consisting of parents, one son, the family of a pre-deceased son and two daughters on one side and the family of another pre-deceased son on the other. Ram Sarup and Surinder Kaur had three sons namely Jagdeep, Swaran Singh and Harjinder Pal and two daughters namely Paramjit Kaur and Manjeet Kaur. The plaintiffs Jaswinder Kaur, Manpreet Kaur and Amandeep Singh are the wife and two children of Harjinder Pal.The court noted that one of the son's–Harjinder Pal was murdered in 2009. Certain disputes erupted between the plaintiffs and the parents of Harjinder Pal and a string of litigation ensued.On 03.09.2021, the defendants allegedly dispossessed the plaintiffs from the disputed property by breaking open the locks. They are alleged to have taken away the household articles and are also alleged to have taken illegal possession of the same. Complaints were preferred to the police and other authorities but allegedly no action was taken. The police, challaned plaintiff No.1 under Section 107/150 CrPC. However, since no further action was taken on the complaints, the suit was filed. The high court perused the trial court order and said, "The learned trial Court examined the matter from all angles and returned a well-reasoned finding based upon correct appreciation of evidence. I have found nothing in the impugned judgment and decree which could have even prima facie led this Court to interfere in revisional jurisdiction. There is absolutely no jurisdictional error in the judgment and, therefore, I do not find any reason to exercise the revisional jurisdiction conferred on this Court by virtue of Section 115 of the Code of Civil Procedure". Noting that the plea was bereft of any merit, the court dismissed the same. Mr. Shailendra Jain, Senior Advocate with Mr. Munish Kumar, Advocate for the petitioners.Mr. Akshay Jindal, Advocate and Mr. Bhavya Vats, Advocate for the respondents.Title: Ram Sarup @ Sarup @ Ram Swaroop and Others v. Jaswinder Kaur and OthersCitation: 2025 LiveLaw (PH) 137Click Here To Read/Download Order

'With Rise In Property Prices, Values Are Declining': Punjab & Haryana HC Laments Increase In Property Disputes After Family Member's Death

Aiman J. Chishti

Tags