Kamla Sharma v. Cmwati

1. The appeals have been heard at length. It is seen that appellant/daughter-in-law claims that she purchased the suit property from the respondent/plaintiff/mother-in-law, but the courts below have rightly held that not a single document has been filed, much less a registered one, showing transfer oftitle ofthe suit property by the respondent/plaintiffin favour ofthe appellant/defendant. I may also note that the courts below have held that even assuming no document is required,yet,appellant/defendant has failed to prove passing ofsale consideration to the respondent/plaintiff.

2. At this stage, counsel for the appellant/defendant on instructions from the appellant/defendant, who is present in person, and the matter was passed over for the appellant/defendantto consider the matter, states that, appellant/defendant does not press these appeals on merits but appellant/defendant be given a period ofthree years to vacate the suit property. Considering that appellant/defendant is claiming to be the daughter-in-law of the respondent/plaintiff and which issue I am not deciding in these appeals, inasmuch as, these issues would come up in other appeals which the appellant/defendant proposes to file, inasmuch as, the impugnedjudgment had decided five appeals,and these are only two appeals with respect to five appeals decided by the first appellate court, I grant a period of three years to the appellant/defendant and the appellant/defendantshould vacate the suit premises on or before RSA 181/2016andRSA 183/2016 page2of[3] 31.7.2019. It IS,however,made clearthatthe appellant/defendant in no manner will cause nuisance or harass the respondent/plaintiff/mother-in-law and will live peacefully in the suit premises till the same is vacated by her. Besides, the appellant/defendantvacatingthe suit premiseson or before 31.7.2019, appellant/defendant will ensure that the appellant/defendant regularly/every month clear all charges with respectto civic amenities provided in the suit property towards electricity, water,etc. Subject to the appellant/defendant filing an affidavit of undertaking in this Courtin terms ofthe present order within two weeks,the appeals are disposed of as not pressed and time is granted to the appellant/defendant to vacate the suit premises on or before 31.7.2019.

4. The appealsstands disposed ofaccordingly. »» VALMIKIJ.MEHTA,J JULY 22,2016 ^K. -- 'I j19"