KRISHNA & ANR Vs. SHOMA DEVI

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) This Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed against the judgment of the first appellate court dated 13.12.2013.

(3.) Trial court had decreed the suit for possession filed by the plaintiff-mother against the appellants/defendants/daughters under Order 12 Rule 6 CPC inasmuch as the appellants/defendants admitted that mother was the owner of the property and the only defence was that the appellants/defendants were not licencees in the suit property as claimed by the mother-plaintiff. Trial court rightly held the appellants/defendants to be gratuitous licencees as they were accordingly allowed to stay in the suit property only because they were daughters. Trial court also refers to harassment of mother-plaintiff by the appellants filing police complaints and complaints to the State Commission for women. Trial court has also referred to the fact that earlier judgment obtained by the appellants/defendants was only of injunction against being dispossessed without due process of law, and the subject suit was for dispossession of the appellants/defendants in accordance as per the process of law of filing of the suit for possession.