NAVEENA THARA Vs. PRESIDENT OF SENIOR CITIZENS

JUDGEMENT

(1.) The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 15.09.2018 passed by the Assistant Commissioner, Tumkuru under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the 'Act' for short) by which the petitioner has been directed to be evicted from the accommodation in her occupation.

(3.) The facts giving rise to filing of the writ petition briefly stated are that the petitioner is the daughter-in-law of respondent No.2. The petitioner was married to the son of respondent No.2 on 14.11.1997. The petitioner gave birth to a baby girl on 29.10.1998. The petitioner and her daughter were residing in the premises situated at CST Layout, which is the property inherited by the husband of the petitioner from his grand father. It is the case of the petitioner that respondent No.2 with the help of her daughter evicted the petitioner from the house in question on the strength of the Release Deed dated 03.12.2009 said to have executed by the husband of the petitioner. The petitioner thereupon, filed a suit seeking relief of injunction and to restrain respondent No.2 from evicting her from the house in question. The trial Court had granted an interim order of temporary injunction in favour of the petitioner restraining respondent No.2 from dispossessing the petitioner.