The Delhi High Court has granted three weeks' time to a son to vacate the suit property belonging to his mother. The High Court passed this order while dismissing the petition moved by the son and daughter-in-law against the order of the District Magistrate directing them to vacate the property.
Justice V Kameswar Rao dismissed the petition directing the son and daughter-in-law of a 73-year-old lady to vacate the property within three weeks on or before February 15. They are granted this relief only because their children have exams.
The High court dismissed the petition on January 25 which challenged the order dated August 2, 2021, passed by the District Magistrate and also warrant of possession dated January 10, 2022.
The bench stated in its order that the petitioner and his wife are in appeal before the Divisional Commissioner, the Appellate Authority, against the order dated August 2, 2021
The Court also noted that the Divisional Commissioner had on October 28, 2021, dismissed the prayer for grant of stay against the District Magistrate order of August 2021.
Counsel for the petitioners submitted that the daughter in law has filed a suit before a Civil Court for declaration and permanent injunction, as she has a claim in the property.
He also submitted that the District Magistrate has passed the order in violation of principles of natural justice, as no opportunity was given to the petitioners to even file the documents on record.
The bench, referring to the District Magistrate order, said, ''I found that case of the respondent, the mother, is that she is 73 years of age and she is the absolute owner of the suit property. She has one son and one daughter."
The Court further said after the marriage, the petitioners started misbehaving with her. They also pressurised her on each and every occasion to grab the property. They took over all the three properties, threw her out of the suit property.
The bench further referred to the order passed by the District Magistrate saying he also noted the case of the petitioner that the suit property was purchased in the year 1998 by his father Jai Ram Singh and mother Angoori Devi together.
It is also the case of the petitioner that Angoori Devi sold the suit property with the consent of her daughter in favour of the wife of petitioner Geeta Singh for a sum of Rs. 2,50,000.
The bench mentioned in the order that the Appellate Authority prima facie has come to a conclusion on the basis of a finding of the District Magistrate that the petitioners had ill-treated Angoori Devi.
It was also noted by the Appellate Authority that there are two other properties in the possession of the petitioners and under this circumstance, no harm would be caused to them if they are shifted to other property till the disposal of the appeal.
The factum of petitioners having two properties is not disputed by their counsel. The only submission made by him is, the children of the petitioners are having exams and as such, it would not be feasible for them to vacate the property in question.
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