LAWS(P&H)-2015-12-180

SUNITA RANI Vs. SUSHIL KUMARI

Decided On December 24, 2015
SUNITA RANI Appellant
V/S
SUSHIL KUMARI Respondents

JUDGEMENT

(1.) The appellant -defendant is in Regular Second Appeal against the concurrent findings of facts and law, whereby suit for mandatory injunction filed by the respondent -plaintiff/mother -in -law against the appellant -defendant/daughter -in -law seeking vacant possession of one room, kitchen, store, latrine, bathroom, verandah, i.e., a portion of house No. 8363/5 (Old), A.M.C. No. 1063/B -IV Outer Zind House, Railway Road, Ambala City, has been decreed. Mr. S.S. Dinarpur, learned counsel appearing on behalf of the appellant -defendant submits that suit was not maintainable as after marriage, appellant was brought in the house of the plaintiff and had been deserted and it is the duty of her in -laws to maintain her properly. Son has also been born in the house. The suit for permanent injunction was not maintainable and only remedy was to file suit for mandatory injunction. Petition under Sec. 125 of Code of Criminal Procedure is filed where execution application is pending and this fact has also been not noticed by both the Courts below and, thus, there is illegality and perversity in the impugned judgments and decrees.

(2.) Mr. V.B. Aggarwal, learned counsel appearing on behalf of respondent -plaintiff submits that the judgments and decrees of the Courts below have been executed and possession of the property sought in the suit has been delivered, de hors of the fact that the status of the appellant defendant was of a licensee, which had been revoked and suit for mandatory injunction was filed.

(3.) I have heard learned counsel for the parties and appraised the paper book.