New Delhi, A Delhi court has upheld an eviction order against a man and his wife, directing them to vacate a room in the house of his widowed mother, who had allowed them to stay there temporarily out of affection.
They are, on their own showing, licensees, whose licence was revocable at the will of the plaintiff.” District Judge Sumit Dalal was hearing the couple’s appeal against a trial court order directing them to hand over possession of a room to the 65-year-old woman and dismissed the plea, granting them 30 days to vacate. In an order dated November 5, the court said, “The defendants have admitted that they were permitted to reside in one room ‘temporarily’ out of love and affection.
Rejecting their arguments, the court noted that both defendants had signed the written statement, acknowledging the mother’s ownership and admitting that they had been permitted to stay temporarily. Because they were permitted to live there for some time, the court said that a son and daughter-in-law do not acquire any legal right to remain in their parents’ house merely.
The court said that the eviction decree was confined to one room in the house and not the entire property.
The court also rejected their plea of adverse possession, observing that possession which began with permission could not be treated as adverse. It held that the couple’s claims regarding contribution to construction, agricultural land and jurisdiction did not raise any triable issue preventing the decree for possession.
The couple cannot subsequently withdraw these admissions and introduce an entirely different case claiming ownership rights, the court said.
