NEERAJ GUPTA Vs. KAMLESH GUPTA

JUDGEMENT

(1.) The respondent is the mother of the first appellant, her husband (i.e. father of the first appellant) having passed away long ago. The second appellant is the wife of the first appellant and, therefore, daughter-in-law to the respondent. She concededly has no legal right to claim in the subject property which is described as House no. 167- C, pocket-E, LIG flats, GTB Enclave, Nand Nagri, Delhi-110093 (hereinafter referred to as the "suit property").

(2.) The respondent (hereinafter referred to as "the plaintiff") had instituted civil suit (CS no. 7590/2016) against the appellants (hereinafter referred to as "the defendants") praying for a decree of mandatory injunction to the effect of direction to them to vacate and hand over the peaceful vacant physical possession of the suit property and also permanent injunction so as to restrain them from transferring, alienating, subletting, parting with possession or creating third party interest therein, primarily on the basis that they (the defendants) had been permissive users of certain portion, their presence having become unwelcome, she having disowned them by a notice published in a newspaper on 16.01.2014, thereby severing all connections with them, she claiming to be the owner in possession of the suit property on the strength of documents dated 16.05.2000 in the nature of General Power of Attorney (GPA), Special Power of Attorney (SPA) and Will, executed by the erstwhile owner Pratibha Misri from whom the property was purchased for consideration.

(3.) On the basis of pleadings which came on record, entertaining the application under Order XII Rule 6 of the of Civil Procedure, 1908 (CPC), the Civil Judge, by his order dated 22.09.2018, passed a judgment on admissions granting a decree of mandatory injunction and permanent injunction, as prayed, though the suit having remained pending for trial in the context of the relief in the nature of damages/mesne profits.