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Punjab and Haryana High Court dismisses plea of man trying to illegally oust his aged mother

The court held that this is an unfortunate petition, in which petitioner Sunny Goyal has prayed for the protection of life and liberty against his mother and maternal uncle.

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The Punjab and Haryana High Court on Friday dismissed the petition of a man who had attempted to illegally oust his aged mother.

A single-judge bench of Justice Arvind Singh Sangwan passed this order while hearing a Criminal Writ Petition filed by Sunny Goyal. The court held that this is an unfortunate petition in which petitioner has prayed for the protection of life and liberty against his mother and maternal uncle.

The Court observed that a perusal of the petition shows that father of the petitioner and husband of respondent No.4/ late Raj Kumar Goyal had executed a will dated November 11, 2013, 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 No.4/ Suresh Goel for the obvious reason that the petitioner being son will inherit his business and his wife will have a house to live in for the rest of her life.

The Court said the latter part of the petition reflects 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 a house in any manner and by way of filing the petition, he wants to create grounds to oust his own mother from the house, who is a senior citizen, and sell it.

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The Court further observed that, 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 GPA (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 the Petition.

“Accordingly, the Petition is dismissed with a cost of Rs 1 lakh. The Chief Judicial Magistrate, SAS Nagar (Mohali) is directed to ensure that costs are 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,” the Court ordered.

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