- (1.)In the instant Writ application, the Writ petitioners prayed for issue of a Writ in the nature of Mandamus directing the Police authorities to act in accordance with law and to give effect to or implement the order of the Executive Magistrate and to protect the petitioner's premises at CB 96, Salt Lake from encroachment and trespass and to cause the Respondent No. 5 to leave the petitioner's premises thus restoring status-quo ante. It has been further prayed for issue of a Writ in the nature of Mandamus directing the Police authorities to give effect to the order of the Executive Magistrate and to render all legal protection to the petitioner ensuring his personal safety and protection to his life, liberty and limbs.
(2.)It is the case of the petitioner that the Respondent No. 5 is his daughter-in-law (son's wife) and she has allegedly trespassed in his house and the Respondent No. 5 along with Respondent No. 6 to 12 and creating serious disturbance in the matter of enjoyment of property by the Writ petition. It is alleged that some time after the marriage with his son, the Respondent No. 5 tried to control the family of her in-laws and tried to take control of the premises. She threatened her husband that she would commit suicide if anybody raised objection to her way of life. She threatened her mother-in-law with a very loud voice and in a rude manner, used filthy language against her and in this way the happiness of the family was lost and in May, 1994, the wife of the petitioner committed suicide by hanging to get rid of such inhuman mental cruelties inflicted by the Respondent No. 5. The Respondent No. 5 allegedly threatened her husband and the petitioner to transfer the ownership of the property to her name. On 25-12-94, the brother and mother of the Respondent No. 5 came to the house of the petitioner and threatened him to transfer the ownership in favour of Respondent No. 5. A divorce suit has been filed by the son of the petitioner against the Respondent No. 5 before the Family Court which is pending.
(3.)On 10-2-95, the Respondent No. 5 and her associates threatened the petitioner with dire consequences and on 14-2-95, the husband of the Respondent No. 5 was assaulted by her.
;