Son restrained from subletting flat
20 Jun 2012 6:30 AM IST
A couple has been restrained by a Delhi court from subletting or parting with the possession of a flat, purchased by the husband’s father, who had sought directions from the court in handing over the flat to him.
The court also passed a decree of possession in favour of north-east Delhi resident Devi Dayal Sharma, who had moved the court seeking direction to his son and daughter-in-law to hand over the property to him and not to sublet it to others.
The court gave the order in favour of the father as his son Rohit Sharma had already vacated the house while his wife Ritu Gaur did not appear before it to contest the plea.
‘I hereby pass a decree of possession in favour of the plaintiff [Devi Dayal Sharma] and against the defendants [Rohit and Ritu] in respect of the two room set... I also hereby pass a decree of permanent injunction against the defendants restraining them and their agent etc. from subletting, assigning and parting with the possession of the suit property or creating any third party interest in the suit property forcibly and illegally,’ said Additional Senior Civil Judge Raj Kumar.
Devi Dayal Sharma had moved the court saying he is the ‘rightful owner’ of the house in Yamuna Vihar.
He said his son Rohit was married to Ritu in November 2008, but soon after the marriage, his daughter-in-law began harassing him after which he asked his son to live with his wife on the first floor of the house as licencee.
The father said his son and daughter-in-law had assured him that they would not cause any problem, but they continued to harass him after which he had send a legal notice to them in October 2010 terminating their licence, but they did not respond to it.
Devi DayalSharma said that in November 2010, his son and daughter-in-law informed him about subletting a part of the flat.
The court, in its order, observed that Rohit had already vacated the house whereas Ritu had preferred to remain exparte in the proceedings.
The court also passed a decree of possession in favour of north-east Delhi resident Devi Dayal Sharma, who had moved the court seeking direction to his son and daughter-in-law to hand over the property to him and not to sublet it to others.
The court gave the order in favour of the father as his son Rohit Sharma had already vacated the house while his wife Ritu Gaur did not appear before it to contest the plea.
‘I hereby pass a decree of possession in favour of the plaintiff [Devi Dayal Sharma] and against the defendants [Rohit and Ritu] in respect of the two room set... I also hereby pass a decree of permanent injunction against the defendants restraining them and their agent etc. from subletting, assigning and parting with the possession of the suit property or creating any third party interest in the suit property forcibly and illegally,’ said Additional Senior Civil Judge Raj Kumar.
Devi Dayal Sharma had moved the court saying he is the ‘rightful owner’ of the house in Yamuna Vihar.
He said his son Rohit was married to Ritu in November 2008, but soon after the marriage, his daughter-in-law began harassing him after which he asked his son to live with his wife on the first floor of the house as licencee.
The father said his son and daughter-in-law had assured him that they would not cause any problem, but they continued to harass him after which he had send a legal notice to them in October 2010 terminating their licence, but they did not respond to it.
Devi DayalSharma said that in November 2010, his son and daughter-in-law informed him about subletting a part of the flat.
The court, in its order, observed that Rohit had already vacated the house whereas Ritu had preferred to remain exparte in the proceedings.
Next Story
