HIMA KOHLI, J.

1. A mother, called by any name, in any language, whether as “Ma, Amma, Aayi, Mai, Ammee” in India or as “Madre, Mamma, Moer and Mana” and several others dialects in foreign lands, is universally acknowledged as a symbol of pure and unconditional love for her offsprings. The sanskrit shloka from the Hindu Epic, Ramayana, uttered by Lord Ram, epitomizes the stature of a Mother in our country and treats her at par with the Almighty and the Mother Land in the following words :

“Janani Janma bhoomischa Swarga diapi Gariyasi”

(Translation : Mother and Motherland are greater than Heaven.)

The debt that a child owes to his mother, who is not only the procreator and the rearer, but also a lifelong teacher, mentor, healer and guide, is embodied in the following sanskrit shloka :

“Matridevim Namastubhya Mam Janmdatrim twam Namo Namah Balyakale Ma Palan Kritva Matrakabhyo twam Namamyaham.”

(Translation: I salute my mother, who gave me birth; I also salute my other mother (woman) who added knowledge and wisdom to my actions and life to make me a good human being.)

2. The love for her child that beats in a mother’s heart, has been aptly characterized by Swami Vivekananda as a “colourless love that knows no barter, a love that never dies”. Mahatama Gandhi has paid homage to a mother’s affection for her child in the following words:

“Seeing God face to face is to feel that He is enthroned in our hearts, even as a child feels a mother’s affection without needing any demonstration”.

3. For centuries, a Mother has been held in high esteem in our society and cherished for her devotion and affection for her children. She is the fulcrum of the family unit, constantly working towards binding family members together with her selfless dedication, open heartedness and unstinting loyalty. She evokes strong and positive emotions in her children that range from adoration to admiration, sheer awe to eternal gratitude. Rooted in this ethos and robust cultural values, is the sad saga of the respondent/plaintiff, a 94 years old widow, bed ridden due to several ailments, and kept out of her own home and hearth for sixteen long years by none other than her own son, the appellant/defendant herein who has dragged her into litigation spanning over a decade.

4. The present appeal arises from an order dated 14.05.2016, passed by the learned ADJ in a suit for eviction and possession instituted by the respondent/plaintiff, against her son, the appellant/defendant. The impugned judgment on admissions has been pronounced by the learned ADJ on an application filed by the respondent/defendant under Order XII Rule 6 CPC.

5. Having regard to the chequered history of the litigation between the parties, it is considered imperative to narrate the sequence of events that ultimately compelled the respondent/plaintiff to institute a suit for eviction and possession against her son in respect of the third floor of premises bearing No.N-18, Jangpura Extension, New Delhi.

6. When instituting the suit in the early part of 2015, the respondent/plaintiff had averred in the plaint that she is a 92 years old widow, had undergone a major heart surgery and is bed ridden. She and her husband, late Shri Aishi Lal Relan have four children, two sons and two daughters. One of the sons, who had not got married, had expired on 23.8.2014. Out of the two daughters, one had got widowed and the other was unmarried and unemployed and lived with the respondent. The appellant is a banker and has a working wife. The respondent’s husband was allotted the subject plot by the Government, vide lease deed dated 14.12.1960 and he had constructed a ground floor on the property where he was residing with the respondent/plaintiff and their children. Sh. Aishi Lal Relan had expired on 25.6.1989, leaving behind the respondent/plaintiff and four children.

7. In the year 1999, all the children of the respondent/plaintiff, including the appellant/defendant herein, had executed a Relinquishment Deed dated 18.