HARISH RELAN Vs. KAUSHAL KUMARI RELAN

JUDGEMENT

(1.) In The Mahabharata, Book 12: Santi Parva: Mokshadharma Parva: Section CCLXVI at p. 248, Bhishma said: "..... The mother is as the fire-stick with respect to the bodies of all men. She is the panacea for all kinds of calamities. The existence of the mother invests one with protection; the reverse deprives one of all protection....Able or disabled, lean or robust, the son is always protected by the mother....There is no shelter (protection against the sun) like the mother. There is no refuge like the mother. There is no defence like the mother. There is no one so dear as the mother. For having borne him in her womb the mother is the son's Dhatri. For having been the chief cause of his birth, she is his Janani. For having nursed his young limbs into growth, she is called Amva. For bringing forth a child possessed of courage she is called Virasu. For nursing and looking after the son she is called Sura...."

(2.) In the present case, the defendant No.1 is the mother of the plaintiff. She is about 92 years old widow lady. She has undergone a major heart surgery. She is on wheelchair and bed-ridden. She claims to be the absolute owner of the suit property and is being forced to stay in the rented premises. She has no sufficient source of income for her daily medical, household expenses and other expenses. She is requesting to the plaintiff to provide one room, who has three bedrooms in his possession at the third floor. She was present in Court. She wishes to die in her own house. She has informed that it has become impossible to survive. The plaintiff is not agreeable to accommodate her. He says that he has no spare accommodation and he is residing with his own family of three members.

(3.) Under these circumstances, still this Court feels to decide the matter on merits. The plaintiff has filed a suit for partition, declaration and permanent injunction in respect of property bearing No.N-18, Jangpura Extension, Delhi- 14 (hereinafter referred to as the "suit property") against the defendants seeking the following reliefs:-