VARINDER KAUR Vs. JITENDER KUMAR AND ANOTHER

JUDGEMENT

(1.) Defendant No.2-Varinder Kaur has filed this Regular Second Appeal against the judgment and decree dated 16.07.2016 passed by Additional District Judge Panchkula whereby both the appeals filed by the parties against the judgment and decree dated 17.11.2015 passed by the Civil Judge (Sr. Divn.) Panchkula were dismissed.

(2.) Brief facts as gathered from the record are that plaintiff Jitender Kumar father-in-law of the appellant filed a suit for mandatory injunction seeking direction against the defendants to vacate the first floor of House No.737 Sector 12 Panchkula consisting of two bed rooms, one washroom, one drawing-cum-dining, kitchen along with front and rear courtyards and to hand over its vacant possession to the plaintiff. Plaintiff further sought relief of mesne profits from the defendants for use and occupation charges of the suit property @ Rs. 20,000.00 per month from the date of filing of the suit till handing over the vacant possession of the premises to the plaintiff. Restraint order was also sought against the defendants from letting out the suit property to any other person.

(3.) Plaintiff alleged that he was an old retired person from Indian Navy. He left the job in the year 2001 due to medical health problem. Plaintiff was owner of double storeyed House No.737 Sector 12 Panchkula which was his self-acquired property. Plaintiff was living on the ground floor whereas defendants were living on the first floor of the house in question. Defendant No.1 is his son, whereas defendant No.2 is the daughter-in-law of the plaintiff. Marriage of the defendant Nos.1 and 2 was solemnized on 08.12.2001 at Ludhiana according to Hindu rites and ceremonies. The marriage was a simple marriage. A female child took birth from this wedlock on 03.09.2002 at Jindal Nursing Home, Chandigarh, who is studying in Gurukul School, Sector 20 Panchkula.