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2011 Supreme(Del) 723

VALMIKI J.MEHTA
PAMELA SHARDA – Appellant
Versus
RAMA SHARDA – Respondent


Advocates Appeared:
Mr. S.S. Kulshresthra, Sr. Adv. with Mr. A.S.Kulshresthra.
Mr. Prabhjot Jauher with Ms. Anupama Kaul, Advs.

Judgment

VALMIKI J. MEHTA, J

1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment of the Trial court dated 1.11.2011. By the impugned judgment, suit of the respondent/plaintiff/mother-in-law against the appellant/defendant/daughter-in-law for mandatory injunction to remove herself from the suit property has been decreed. The suit property is the property bearing no.887, Vikas Kunj, Vikas Puri, New Delhi.

2. The respondent/plaintiff as per the plaint pleaded that she is an aged lady of more than 78 years and that the appellant/defendant was making her life miserable by hurling abuses at her, ill-treating her etc. It is also pleaded that the respondent/plaintiff was forced to even file police complaints against the appellant/defendant. The respondent/plaintiff claimed that her son Sh. Rajiv Sharda was not living in the suit property and was living separately. It was further pleaded that the respondent/plaintiff being the owner of the suit property was not interested in view of the conduct of the appellant/defendant to let her continue to reside in the suit premises and therefore legal notices date















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