RAVNEET KAUR Vs. PRITHPAL SINGH DHINGRA

JUDGEMENT

(1.) The petition assails the order dated 21.08.2017 of the trial court declining liberty to amend the pleadings in the civil suit.

(2.) The petitioner is the defendant in the civil suit (Civ DJ613347/2016) which was instituted on 20.08.2016 by the respondent herein seeking reliefs in the nature of decree of eviction, possession, recovery of damages and permanent injunction against her in respect of premises described as front side of the second floor of property bearing No.E-7, Rajouri Garden, New Delhi-110027 (the suit property). It is an admitted case of both the parties that the petitioner (the defendant) is the daughter-in-law of the respondent (plaintiff), she being the wife of his son Guneet Dhingra. Indisputably, she is living in the said premises with her two minor daughters. It appears from the submissions that the dispute arose on account of matrimonial discord between the petitioner and her husband. It further appears that the suit was filed on the basis of claim that the defendant has been rendered an unauthorized occupant, her permissive use and occupation of the premises having come to an end. The parties are locked in other litigation including proceedings arising out of a petition filed by the defendant under the provisions of Protection of Women from Domestic Violence Act, 2005.

(3.) The suit has been filed by the plaintiff claiming himself to be the sole, absolute and exclusive owner of the property on the strength of a Sale Deed dated 15.12.2004 duly registered whereby it was acquired.