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PANKAJ MITHAL, S. V. N. BHATTI
Samtola Devi – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
PANKAJ MITHAL, J.
1. Leave granted.
2. In India we believe in “Vasudhaiva Kutumbakam” i.e. the earth, as a whole, is one family. However, today we are not even able to retain the unity in the immediate family, what to say of building one family for the world. The very concept of ‘family’ is being eroded and we are on the brink of one person one family.
3. This is an unfortunate case where parents are in litigation with their children (sons) and the children (sons) are in litigation with their parents.
4. One Kallu Mal (dead) aged about 75 years and his wife Samtola Devi aged about 68 years had three sons and two daughters namely Krishna Kumar, Janardan Kumar, Rajender Kumar, Sushila Gupta and Anjali Kumari respectively. Out of the two daughters, Sushila Gupta is married to Suresh Narottam Das Gupta whereas Anjali Kumari is unmarried. The said Kallu Mal has a house bearing No. 778 in Khairabad, Sultanpur and various shops therein, precisely three shops in the lower part of the house. One of the shops is occupied by the elder son Krishna Kumar who is presently carrying on the utensil business from the said shop which he had taken over from his father. The other son Janardan is
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