DAVENDER LAL MEHTA Vs. DHARMENDER MEHTA

JUDGEMENT

(1.) THE appellant has filed this appeal against decree and judgment dated 25th September, 2006, passed by Sh. M. K. Gupta, Additional District Judge, delhi, who vide impugned judgment, dismissed the suit of the appellant.

(2.) THE brief facts of this case are that appellant is the father of respondent No. 1 and husband of respondent No. 2. He filed the present suit for permanent injunction on 24th September, 1999, on the allegations that, he is owner in possession of property No. D-135, Anand Vihar, New Delhi and this property has been acquired by him from his previous owner. Respondent No. 2 has been cruel towards him. Sometimes on account of torture committed upon him, he goes and sleeps in the house of his other son, Sh. Bhupinder Mehta at A-144, Anand Vihar, New Delhi, though appellant permanently resides in the property in question and all his goods and belongings are lying there.

(3.) IT has been further alleged that respondent No. 1 is not permitting the appellant to enter the house, though the appellant is owner in possession of the property. Respondent No. 1 is living in this property illegally and without any authority of law and appellant is thus entitled to damages for use and occupation of the property by respondent No. 1.