S.R. Batra And Anr vs Smt. Taruna Batra on 15 December, 2006
9. Vide order dated 22.01.2019, the First Appellate Court i.e. of
the Court of the learned ADJ-02 (East District), KKD Courts, Delhi, it
was held to the effect that the appellant therein i.e. the appellant herein
and the respondent no.2 therein i.e. the respondent no.2 herein and her
husband occupied the 2nd Floor of the suit property and there was
nothing on record to suggest that they were sharing a common mess
with the respondent no.1 therein i.e. the respondent no.1 herein, which
was one of the criteria in SR Batra's case (supra) to determine a joint
family and upheld the view taken by the learned Civil Judge-East that
the son and the daughter-in-law of the plaintiff of the suit arrayed as
the respondent no.1 herein were not only licensees but only permissive
RSA 61/2019 Page 7 of 15
users in the property owned by the respondent no.1 herein i.e. the
plaintiff of the suit and that the appellant and the respondent no.2
herein had no right, title or interest during their lifetime in the suit
property and that there was no illegality in the order of the learned
Civil Judge-East, KKD Courts, Delhi granting the permanent and
mandatory injunction that had been granted.