Punjab and Haryana High Court: Calling it unfortunate, Arvind Singh Sangwan, J., dismissed the petition filed by a man who was trying to oust his mother from her property to usurp the same. Additionally, the Bench imposed a cost of 1 lakh Rupees on the petitioner which was directed to be paid to the respondent mother.
The petitioner, one Sunny Goyal had approached the Court praying protection of his life and liberty against his mother-Suresh Goel, and one Subhash Garg (mama of the petitioner).
The father of the petitioner and husband of the respondent, late Raj Kumar Goyal had executed a Will vide which 100% share of the booth and 50% share of the house was given to the petitioner and 50% share of the house was already in the name of his wife-respondent-Suresh Goel for obvious reason that the petitioner being son will inherit his business and his wife will have a house to live in for rest of her life.
Observing that the petitioner had become dishonest, as it was stated that he got a General Power of Attorney of share of his mother in his name to deal with house in any manner and by way of filing the petition, he wanted to create grounds to oust his own mother from the house, who was a senior citizen and further to sell it; the Bench opined that the perusal of the representation made by the petitioner suggested that the same had been filed with an oblique motive of harassing his own mother so that on the basis of GPA given by her, the petitioner may usurp the house and oust her in old age.
Accordingly, the petition was dismissed with a cost of Rs 1 lakh. The Chief Judicial Magistrate was directed to ensure that costs is recovered from the petitioner and is paid to respondent-Suresh Goel i.e. mother of the petitioner within a period of two months.[Sunny Goyal v. State of Punjab, CRWP-7121 of 2021, decided on 30-07-2021]
Kamini Sharma, Editorial Assistant has reported this brief.
