The Punjab and Haryana High Court recently comprising of a bench of Justice Arvind Singh Sangwan dismissed the petition of a man who had attempted to illegally oust his aged mother and even imposed a cost of Rs 1 lakh on the petitioner. (Sunny Goyal v. State of Punjab and others)
Facts of the Case
In the present case, the father of the petitioner had executed a will dated November 11, 2013 wherein 50 percent of the share of the house was given to the petitioner and the other 50 percent of the share was provided to his wife i.e. the aged mother of the petitioner. This was done to make sure that the aged mother of the petitioner had a house to live in for the rest of her life.
Contention of the Parties
Subsequently, the petitioner had submitted before the Court that he had received the General Power of Attorney over his mother's share of the property.
Courts Observation & Judgment
The Court dismissing the contention of the Petitioner remarked, “The latter part of the petition reflects that the petitioner has become dishonest, as it is 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 this petition, he wants to create grounds to oust his own mother from the house, who is a senior citizen and further to sell it. “
The bench further remarked, “A perusal of the representation also shows that the same has been filed with oblique motive of harassing his own mother so that on the basis of General Power of Attorney given by her, the petitioner may usurp the house and oust her in old age. This greediness on the part of the petitioner is apparent from the representation given to police as well as from contents of this petition."
The bench dismissing the plea noted, “Accordingly, this petition is dismissed with a costs of Rs.1.00 lac. The Chief Judicial Magistrate, SAS Nagar (Mohali) is directed to ensure that costs is recovered from the petitioner and is paid to respondent No.4 Suresh Goel i.e. mother of the petitioner within a period of two months from today.”
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