SUMAN SHARMA Vs. HARI RAM SHARMA

JUDGEMENT

(1.) C.M. Appl. No. 19052/2017 (for exemption)

(2.) Respondent no.1/plaintiff/father-in-law filed the subject suit for permanent and mandatory injunction seeking directions to the appellant/defendant no. 2/daughter-in-law to vacate the suit property in which she was residing as a licensee on the ground that the respondent no.1/plaintiff is the owner of the property in terms of the documentation of the year 2000, Ex.PW1/2 to Ex.PW1/7, and which are Agreement to Sell, General Power of Attorney, receipt, affidavit and possession letter executed by the erstwhile owner Sh. Dharamvir in favour of respondent no. 1/plaintiff. It was pleaded by the respondent no.1/plaintiff that the appellant/defendant no. 2 being the daughter-in-law was permitted to reside in the suit property along with the respondent no. 1/son but the relations between the parties have got strained. The appellant/defendant no. 2 had filed complaints against the respondent no. 1/plaintiff and the other family members in the CAW cell. She had also filed a suit for injunction against the respondent no. 1/plaintiff for not being dispossessed without due process of law. Respondent no. 1/plaintiff pleaded that he has disinherited and disowned the respondent no. 2/defendant no. 1/son from all the movable and immovable properties owned by the respondent no. 1/plaintiff. When the appellant/defendant no. 2 refused to vacate the suit property the respondent no. 1/plaintiff orally directed the defendants to vacate the suit premises on 1.7.2013, which too failed to yield the desired result, and hence the subject suit was filed.

(3.) The suit was contested only by the appellant/defendant no.2. As per her defence the suit was a counter blast to the matrimonial cases filed by the appellant/defendant no. 2 against the respondent no.2/defendant no. 1/son. It was further pleaded that the suit has been filed in collusion with the respondent no. 2/defendant no. 1/son so as to defeat the rights of the appellant/defendant no. 2 and the minor daughter.