SONIA Vs. JAGAT SINGH GAHLOT

JUDGEMENT

(1.) The appellants, who are the daughter and son-in-law of plaintiff/respondent no.1, are in first appeal before this Court, laying challenge to the decree passed by the learned Trial Court, declaring the respondent no.1 as the owner of flat No.511, CGHS Supriya Apartments, Plot No. 20, Sector 10, Dwarka, New Delhi. The appellants also assail the consequential direction issued to them to hand over peaceful possession of the suit property to the respondent no.1.

(2.) Before dealing with the rival submissions of the parties, it would be apposite to note in brief, the factual matrix as emerging from the record. The appellant nos.1 and 2 are the married daughter and son-in-law of the respondents. The marriage of the appellant no.1 with appellant no.2 was solemnized in 2005 and they were blessed with a son in April 2007. While the respondent no.1/plaintiff is the father of appellant no.1, the respondent no.2 is the mother of appellant no.1, arrayed as defendant no.1 before the learned Trial Court.

(3.) It is the common case of the parties that the respondent no.1 was sent to jail on 25/1/1995 after being convicted under Sec. 302/34 of the IPC. At the time of his going to jail, all his three children were minor, with the appellant no.1, the eldest daughter, being 17 years of age. While in jail, the respondent no.1 availed of parole on a number of occasions. He was finally released from jail on 16/7/2009, after completion of his life sentence of 14 years and has since been residing with his son Nitin at flat No.102, Supriya Apartments, Dwarka, New Delhi.