SAVITRI DEVI Vs. MANOJ KUMAR

JUDGEMENT

(1.) The present suit is filed by the plaintiff for possession of the property being 1st Floor, House No. T-279, Indira Colony, Narela, Delhi as per the rough site plan, Annexure P 1 and for mandatory injunction. Defendant No. 1 is the son and defendant No. 2 is the daughter-in-law of the plaintiff. As per the plaint, both the defendants are illegally and unauthorisedly occupying the first floor of the suit property comprising of four rooms, open space, one kitchen and two bathrooms and balconies.

(2.) It is stated that the father-in-law of the plaintiff executed a Will dated 15.05.2006 in favour of the plaintiff whereby he bequeathed the suit property at Narela admeasuring 217 sq. yards and agricultural and residential property situated at village Singhu, Delhi. The father-in-law expired on 01.01.2007 and subsequent thereto, the plaintiff became absolute owner of the suit property. The plaintiff with her husband and children is residing at the ground floor of the suit property.

(3.) The plaint further states that the marriage of defendants No. 1 and 2 was solemnized on 23.02.2008. After the marriage, the plaintiff permitted user of first floor accommodation (suit property) to the defendants for their residential purpose. Thereafter, defendant No. 2 got employment as a clerk in the District & Sessions Court at Sonepat. On account of irreconcilable differences between the defendants, defendant No. 1 filed a petition for divorce seeking divorce from defendant No. 2. It is stated that defendant No. 2, thereafter, lodged a false and frivolous FIR being FIR No. 21 dated 04.09.2010 in Mahila Police Station, Sonepat against defendant No. 1 and also falsely implicated the plaintiff and her husband. The husband of the plaintiff was arrested and released from custody after about two weeks. The plaintiff was granted anticipatory bail. Defendant No. 2 has also filed a case under the provisions of Protection of Women from Domestic Violence Act, 2005 against the plaintiff and her husband. Hence, the present suit has been filed for recovery of possession of the suit property.