The High Court of Delhi disposed of an appeal regarding a suit for possession as not pressed. The court granted liberty to the appellant to file a fresh suit based on the new fact that his son no longer resides with him.
The appeal is disposed of as not pressed, with liberty to the appellant to file a fresh suit for possession.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
MARI MUTHU
..... Appellant Through: Mr. S. Muthu Krishnanan, Adv. with appellant in person.
versus
SARSA @ KAMACHHI ..... Respondent Through: Mr. Himal Akhtar Molvi and Mr. Aijay Hussain, Advocates.
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R
% 17.10.2016
Sh. Sunil Kaudappan was living with the appellant originally and as admitted in the cross-examination of the appellant/plaintiff, now the factual position is that the son Sh. Sunil Kaudappan is no longer living with the appellant/plaintiff and he is shifted to some other address, and therefore, there is a fresh cause of action to file a suit for possession against the respondent/daughter-in-law/Smt. Sarsa inasmuch as the right of the respondent/defendant to live in the house of the appellant/plaintiff/father-inlaw would only be if Sh. Sunil Kaudappan would have continued to reside with the appellant/plaintiff, and which is not the case.
VALMIKI J. MEHTA, J
OCTOBER 17, 2016 ib
3 issues framed by the court
Whether a fresh cause of action exists to file a suit for possession due to the appellant's son no longer residing jointly with the appellant.
How the appeal should be disposed of given the absence of active prosecution of the original suit.
Whether the respondent is entitled to defend a fresh suit alleging continued joint residence.
Mari Muthu
Sarsa @ Kamachhi
Valmikij. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
