VIJAY LAKSHMI Vs. RAVINDER SETH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed against the judgment of the first appellate court dated 6.5.2013 by which the first appellate Court set aside the judgment of the trial Court dated 16.7.2007 dismissing the suit for possession and mesne profits filed by the respondent/plaintiff. The respondent/plaintiff was the mother -in -law. The appellant/defendant is the daughter -in -law.

(2.) THE appellate court has dismissed the suit on the following main grounds: -

(3.) ONCE the suit house was owned by the erstwhile plaintiff, Smt. Sheela Devi/mother -in -law, in my opinion, the judgment of the Supreme Court in the case of S.R. Batra (supra) squarely applies that a daughter -in - law has no right to live in the property which is owned by her mother -in -law. I may state that the Division Bench of this Court has also in the case of Shumita Didi Sandhu Vs. Sanjay Singh Sandhu & Ors. 174 (2010) DLT 79 (DB) relied upon the judgment of the Supreme Court in the case of S.R. Batra (supra) and also held that a daughter -in -law has no right to live in the house which belongs to the mother -in -law. The relevant paras of the judgment in the case of Shumita Didi Sandhu are paras 40, 41 and 45 to 48 and the same read as under: -