JUDGMENT

Feeling aggrieved with the judgment and order of the trial Court dated 6th January, 2012, the defendant/appellant has preferred this appeal. Facts in brief are as under.

2. The respondent is the mother-in-law of the appellant. The respondent had filed a suit against the appellant seeking mandatory and perpetual injunction in respect of Flat No.79, 4th Floor, Shivjan Society, Sahakar Nagar No.5, Shell Colony Road, Chembur, Mumbai 400 071 (hereinafter referred to as “suit flat”). It is the contention of the respondent that the suit flat has been in her exclusive possession, use and occupation and that husband of the appellant and the son of respondent no.1 namely deceased Darshak had gifted the suit flat to the respondent.

3. In the year 2005, deceased Darshak became seriously ill. The appellant refused to attend and take care of her husband. The respondent and her husband took care of their son during his illness. The relations of the appellant and the respondent were strained during those days. They were not on talking terms with each other. The appellant started residing with her parents at Ambernath while her husband continued to reside with the respondent in a bunglow.