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Justice Dewan’s son can’t have more than 20% share in property: HC
Tribune News Service

Chandigarh, August 20
Forced allegedly into “animal existence” by their own son, Punjab and Haryana High Court’s “traumatised” former Chief Justice Shanti Sarup Dewan and his wife Romilla can look forward to a fair share.

Taking up Justice Dewan’s petition, the Punjab and Haryana High Court has made it clear that their son was at the most entitled to 20 per cent share. The observations came after the high court was told that amicable settlement could not be reached even with the intervention of imminent people.

The development is significant as son Suvir Dewan is currently occupying the first floor and part of the ground floor of Justice Dewan’s Sector 11 residence. Fixing August 27 as the next date of hearing in the case, the Bench observed it was conscious of the fact that the high court could not determine the civil rights of parties in these proceedings.

The Bench observed even if the house was a Hindu undivided family property, Suvir Dewan’s share was 20 per cent as per the current law. The Bench added he was occupying the first floor and part of the ground floor of the house. As such, it has made it clear to Suvir Dewan’s counsel that the high court was inclined to relegate the parties to the civil suit for a direction in the present proceedings, confining Suvir Dewan’s occupation to only 20 per cent of the house property and remaining would be vacated by him forthwith.

Just about three months back, Justice Dewan (85) and his wife Romilla had asserted that “they deserve to live a life of dignity and honour”. Acting on their plea filed through counsel Puneet Bali, the Bench of Justice Surya Kant and Justice RP Nagrath had asked Justice Kuldip Singh, senior advocate ML Sarin and prominent tax consultant Ravinder Kishan to mediate.

Chief Justice Dewan and Romilla had initially moved the high court seeking protection and directions to the respondents to ensure the shifting out of Suvir from their Sector 11 house to his own residence in Panchkula. Directions had also been sought for the creation of special cells for the aged and the infirm left to fend for themselves in the twilight of their life by their progeny.

From the pleadings, the petitioners’ Sector 11 house allegedly came out to be the reason for discord. Taking up their petition on May 17, a Single Judge declined the prayer for shifting Suvir out of the Sector 11 house and for setting up the special cell; and directed the Chandigarh Police to intervene within 24 hours. The Single Judge also gave UT Senior Superintendent of Police the liberty to initiate steps for ensuring “the protection of the life and liberty of the petitioners” after taking stock of the situation.

Referring to the issue of evicting the son from the Sector 11 house, the Single Judge added the matter would “necessarily entail determination of the nature of the property, as to whether the same is self-acquired or ancestral…. Such questions would require formulation of triable issues, which would be best left for adjudication at the hands of the civil courts”. In an appeal, the petitioner said the judgment deserved to be set aside as the “status of the property was not in doubt.….”

What the Bench said

• Even if the house was Hindu undivided family property, Suvir Dewan’s share was 20% as per the current law, but he is occupying the first floor and part of the ground floor of the house
• As such, the court is inclined to relegate the parties to the civil suit for a direction in the present proceedings, confining Suvir Dewan’s occupation to only 20% of the property and the remaining will be vacated by him forthwith