Civil Procedure Code, 1908
Order 12 Rule 6—Judgment on admission—Relief of possession—Suit filed against daughter-in-law who has lost her husband—Plaintiff has admitted that premises formed the shared household of the daughter-in-law—Court has recognized the rights of senior citizens under the Senior Citizens Act qua a shared household—Even where a residence is clearly a shared household, it does not bar the owner, the plaintiff, from claiming eviction against her daughter-in-law, if the circumstances call for it—A strained or frictional relationship between the parties, would be relevant to decide whether grounds for eviction exist—Daughter-in-law in order to wrest a settlement from plaintiff, has made efforts to pressurise her while staying in her premises—Presence of second defendant (mother of daughter-in-law) seems to be adding fuel to the fire—By inducting her mother and for a short time her sister, the daughter-in-law seems to have made an attempt to assert rights in respect of the suit property, clearly causing distress to the plaintiff—Averments in written statement are sufficient to establish a justification for the plaintiff to seek eviction of defendants—Plaintiff is clearly entitled to seek possession of suit premises from the two defendants without the rigours of an unnecessary and prolonged trial at her age—A decree for possession in respect of plaintiff and against first and second defendant is granted—Application allowed. [Protection of Women from Domestic Violence Act, 2005, Sections 17 & 19]
[Paras 17 to 25]