Bimla Devi Alias Piara Devi And Anr. vs Prem Dass And Anr. on 22 May, 1990
1.3 On 12.07.2012 at about 5.00pm, the husband of the plaintiff was
informed over his mobile that 67 persons including the defendant no.1 and
some police officials have illegally trespassed into the suit property and
they illegally got vacated the suit property from the tenant after giving him
beatings and they took over the possession of the suit property forcibly.
When plaintiff alongwith her husband reached the spot, the tenant was
C.S. No. 6532/2016, Bimla v. Prem Pal and Anr. Page No.3 of 13
found standing outside the house and his luggage was also lying outside the
house. The plaintiff further found her valuable articles including truck
parts were robbed by defendant no.1 and his associates. When the
defendant no.1 and his accomplices saw the plaintiff and her husband, they
started abusing and beating the plaintiff as well as her husband in the
presence of police officials. The plaintiff requested the police officials to
save her husband, but police also gave beatings to beaten her husband. The
husband of the plaintiff sustained grievous injuries and fell on the road
after becoming unconscious. The defendant no.1 thought that he has died
and the defendant no.1 alongwith his accomplices fled from the spot.
Thereafter, plaintiff lodged a complaint with the local police of PS Jamia
Nagar but no action was taken by them. Then plaintiff filed a complaint u/s
200 Cr.P.C. alongwith an application under Section 156 (3) Cr.P.C. against
the defendant no.1 and his accomplices which is still pending. Thereafter,
plaintiff approached the defendant no.1 to handover the possession of the
suit property to her but defendant no.1 flatly refused stating that since the
plaintiff has converted her religion, she has no right in the suit property.
The defendant after forcibly taking over the possession of the suit property,
created a third party interest in the suit property. It is further stated by
plaintiff that she converted her religion only after the demise of her first
husband and she, being his legally wedded wife, has all rights, title and
interest in the suit property. The defendant no.1, in connivance with his
accomplices, has forcibly taken over the possession of the suit property
from the plaintiff.