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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Usha – Appellant
Versus
Omwati – Respondent
JUDGMENT :
NIDHI GUPTA, J.
1. Present Second Appeal has been filed by the appellant/defendant against the judgments and decrees passed by the learned Courts below; whereby the suit filed by the plaintiff/respondent for possession of the suit property, has been decreed by both the Courts below.
2. Briefly stated the facts are that the appellant herein is a daughter-in-law of the plaintiff/respondent. It was the case of the plaintiff that the appellant is occupying the suit house while the plaintiff is residing in a rented accommodation with her family. The plaintiff also pleaded that the appellant is having strained relations with her husband i.e. the son of the plaintiff. Plaintiff had further pleaded that she had bought the suit property for a total sale consideration of Rs.5,500/- vide registered Sale Deed No. 2497 dated 21.08.1989 pursuant to which, Mutation No. 8600 was also sanctioned in her favour. Possession of the suit property was taken by the plaintiff at the time of purchase itself. The plaintiff had then constructed house on the suit land and used the same for residential purpose. It was alleged that the defendant under the influence of her father had threatened the plaint
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A property in a female's name is absolute under Section 14 of the Hindu Succession Act; joint family claims cannot assert ownership over it.
Under Hindu Succession Act, property registered in the name of a female owner confers absolute ownership, and eviction of non-owners is justified on the grounds of mental and physical abuse.
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