D.R.SINGH Vs. DEEPA CHAUDHARY

JUDGEMENT

(1.) CM APPL.10503/2013 (condonation of delay) Allowed, subject to all just exceptions. CM APPL.10504/2013 (exemption) Allowed, subject to all just exceptions. FAO (OS) 315/2013 & CM APPL.10502/2013 (stay) The appeal is directed against the order of the learned Single Judge dated 21.02.2013 declining the plaintiff's application requesting for drawing a decree on the basis of admission under Order-XII Rule-6, CPC.

(2.) THE brief facts are that the plaintiff in the suit claimed a decree for possession against the respondent/defendant, his daughter in law. In the written statement, the defendant resisted the claim and made certain allegations which included averments relating to complicity with her husband, i.e., the plaintiff's son. The plaintiff had alleged, during the course of proceedings and based upon certain documents such as FIR lodged with the police, that the defendant had broken into the house. In this background, learned Single Judge, on a request being made, under Order-X CPC recorded the statement of the defendant/daughter in law on 21.09.2012. The defendant in that, inter alia, stated as follows: -

(3.) LEARNED counsel for the plaintiff reiterated the submissions in support of the appeal. It was argued that on overall consideration of the materials on record, such as documents evidencing the identity proof of the defendant and her two children, the employment details disclosed by way of document and the copy of the complaint made to the CAW Cell by the defendant herself, it was revealed that she did not show the suit premises to be her residence. In these circumstances, the Court was not justified in declining a decree on admission. Learned counsel relied upon the decision in Uttam Singh Duggal v. Union Bank of India AIR 2000 SC 2740 and certain other judgments to state that the allegations of a property or suit premises being the matrimonial home cannot prevail under all circumstances and that members of family such as sons and daughter-in-law can also be subject to decree of evacuation and in the course a decree on admission can be drawn.