KANWAL SOOD Vs. NAWAL KISHORE

JUDGEMENT

(1.) The present appeal by special leave is directed against the judgment of the High Court of Judicature at Allababad, dated 16th December, 1980, convicting the appellant under Section 448 of the Indian Penal Code.

(2.) Premises Aranya Kutir bearing Municipal No. 47A Jakhan in Dehra Dun was owned by one R. C. Sood. He executed a gift-deed in favour of Shri Anand Mayee Sangh Dehra Dun with the stipulation that the donor shall remain in possession of the premises during his lifetime and after his death his widow if alive would remain in possession. The management of the same would be taken up by the Sangh after their death.

(3.) The appellant is the widow of the brother of Shri R. C. Sood. It appears that in 1967 the petitioner was invited by Shri R. C. Sood to reside with him in the aforesaid house and ever since she has been residing peacefully there. On 10th of October, 1973, Shri R. C. Sued expired. The appellant, however, continued to live in the said house.