ASHOK Vs. NATHO DEVI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 05.10.2010 which had endorsed the findings of the trial Judge dated 16.09.2009 whereby the suit filed by the plaintiff Natho Devi seeking a mandatory injunction and damages against her defendant/ son had been decreed in her favour. The defendant had been directed to vacate the suit property.

(2.) THE plaintiff claimed herself to be the registered owner of property bearing No. 129/61, East Laxmi Market, Delhi-110092; plaintiff's son was occupying one room, kitchen and common latrin and both room at ground floor in the suit property. THE defendant misbehaved with the plaintiff. On 26.06.2007, the plaintiff had debarred the defendant from her properties, both moveable and immoveable and severed her relations with him. His license was duly terminated. He was requested to vacate the suit property but he did not. Present suit was filed for mandatory injunction directing the defendant to vacate the suit property as also damages @ `4,000/- per month.

(3.) THIS is a second appeal. It is yet at its admission stage. The substantial questions of law have been formulated on pages 10-11. They read as follows:-