LAWS(KAR)-2019-6-313

S VANITHA Vs. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT

Decided On June 18, 2019
S Vanitha Appellant
V/S
Deputy Commissioner Bengaluru Urban District Respondents

JUDGEMENT

(1.) The petitioner alleging that she is the daughter-inlaw of respondent No.3, has filed the present writ petition seeking a writ of certiorari to quash the order dated 29.02.2016 passed by respondent No.1 in Appeal No.MAG/4/Misc/CR.83/2015-16, vide Annexure - A, directing the petitioner to vacate the premises in occupation of the petitioner, with necessary police help.

(2.) It is the case of the petitioner that her father-in-law has executed sale deed in favour of her husband measuring 1200 sq.feet, constructed a small house, wherein the petitioner is stayed with her daughter. Father-in-law of the petitioner has executed the very same property in favour of mother-in-law of the petitioner on 19.07.2010 through a registered Gift deed. The mother-in-law of the petitioner has filed a suit for injunction, against the petitioner in O.S. No.312/2010. The said matter is still pending for consideration. In the meanwhile, respondent Nos.3 and 4 have filed the petition before respondent No.2 for evicting the petitioner from the said property. The petitioner has filed objections in the year 2015. Respondent No.2, considering the objections of the petitioner, has passed the impugned order dated 29.02.2016 and allowed the application filed by both father-in-law and mother-inlaw i.e., respondent Nos.3 and 4. Aggrieved by the said order, petitioner has filed the appeal before respondent No.1 - Deputy Commissioner, who dismissed the appeal as not maintainable. Hence, the present writ petition is filed.

(3.) I have heard the learned counsel for the parties to the lis.