Delhi High Court - Orders
Court On Its Own Motion vs Unknown on 4 October, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.REF. 1/2023
COURT ON ITS OWN MOTION ..... Petitioner
Through: None
versus
.... ..... Respondent
Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 04.10.2023
1. The present original reference bearing O.REF. No. 1/2023 has been placed before this Court under PUC received from the Trial Court vide the PUC reference dated 04.03.2023 issued by the ADJ-06, Tis Hazari Courts, Delhi on two issues:
"1. Following the conflicting judgments of the Hon'ble Delhi High Court on the issue of jurisdiction of a Civil Court to entertain the suit for possession/mandatory injunction by in-laws against their daughter-in-law, the question of law regarding the jurisdiction of this court has been arisen in the present case. Therefore, this court considers it fit to draw up a statement of facts of the case and the point of which, doubt is entertained to make reference with its own opinion on the point for the decision of the Hon'ble Delhi High Court.
2. The following judgments of the Hon'ble Delhi High Court deal with the issue of jurisdiction of Family Court and Civil Court to entertain the suit of possession filed by in-laws :-
(I) Avneet Kaur Vs. Sadhu Singh & Ors. CM(M) 69/2020 and CM Appl.
2707/2020, This is a digitally signed order.
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(ii) Manita Khurana Vs. Indira Khurana CM(M) 1427/2009; (iii) Meena Kapoor Vs. Ayushi Rawat CS(OS) 104/2017.
16. Whether this court being a Civil Court has the jurisdiction to entertain the present suit for possession and damages filed by father-in-law against her daughter-in-law in view of the judgment of the Hon'ble Delhi High Court in the matter of Avneet Kaur Vs. Sadhu Singh & Ors. (Supra) or this court has to rely upon the judgments of the Hon'ble Delhi High Court passed in the matter of Manita Khurana (supra) and Meena Kapoor (supra)."
2. And the second being the reference to this Court under the PUC reference dated 28.01.2022 issued by the ADJ-07, South East District, Saket Courts, Delhi ('Trial Court'), on the following issues: -
"a. Whether the judgment of the Hon'ble Supreme Court in Suraj Lamp and Industries Private Limited v State of Haryana and Anr., (2012) 1 SCC 656, pronounced on 11.10.2011, is prospective in its application and does not affect all agreement to sell, GPA, Will, Receipt etc. transactions done prior to 11.10.2011? In other words, whether all the agreement to sell, GPA, Will Receipt etc. transactions done prior to 11.10.2011 amount to a valid transfer of 'title' from the seller to the buyer?
b. Whether an immovable property purchased by way of agreement to sell, GPA, Will, Respect etc. transaction can be a subject matter of suit for partition? In other words, in a suit for partition where the parties claim to be joint owners of the suit property, on the basis of an agreement to sell, GPA, Will, Receipt etc. transaction done by them or their common ancestor, can the suit property be partitioned by a Civil Court?"
3. It has been brought to the attention of this Court that an issue identical to the one raised vide PUC reference dated 04.03.2023, reproduced at paragraph no.1, has been framed for consideration by a Coordinate Bench of this Court and placed for consideration before the Division Bench in CS(OS) No. 601/2022, which is next listed before the Division Bench on 01.11.2023. Accordingly, the outcome of the said reference will be subject to the decision of the Division Bench of this Court in CS(OS) No. 601/2022, titled as 'Geeta Anand v. Tanya Arjun & Anr.' This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2023 at 22:06:14
4. At this stage, issue court notice to parties with respect to PUC reference dated 28.01.2022, returnable on 01.11.2023.
MANMEET PRITAM SINGH ARORA, J OCTOBER 4, 2023/msh/aa Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2023 at 22:06:15