RAJESH YADAV Vs. SHYAMLAL YADAV

JUDGEMENT

(1.) Heard on admission.

(2.) This petition under Article 227 of the Constitution of India has been filed by the petitioners against the order dtd. 16/1/2020 passed by the Court of learned Collector-cum-Appellate Tribunal, District Durg (C.G.) in Misc. Appeal Case No. 13/B-121/Year 2018-19 between Shri Rajesh Yadav and Another vs. Shri Shyamlal Yadav, whereby the order passed by the Court of Sub-Divisional Officer (Revenue), Durg in Revenue Case No. 06 A-74/2018- 19 dtd. 17/9/2019 has been affirmed.

(3.) The respondent is father of petitioner No.1 and father-in-law of petitioner No.2. They are sharing common accommodation which is situated at House No. 306, Ekta Nagar, Ward-07, Utai, Tahsil and District Durg (C.G.). The respondent filed an application under Sec. 5 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act') before the Sub- Divisional Magistrate, District Durg (C.G.) on 21/2/2017 inter alia on the ground that wife of his elder son namely Harish died in the year 2017 and thereafter his elder son Harish started residing in the above house along with him i.e. respondent. Out of his wedlock, Harish and his wife have two issues, a daughter aged about 14 years and a son aged about 12 years. It is further stated that the second son Pradeep is unmarried, whereas younger son Rajesh and his wife are residing in the same accommodation. It is further alleged that the present petitioners used to create nuisance more often and they were residing on the first floor of the house where other family members were not permitted to enter. Rajesh Yadav and his wife have taken custody of property documents, ornaments and they refused to return it. The property has been willed out in favour of petitioner i.e. Rajesh Yadav and they are compelling the respondent to vacate the house, therefore, the respondent made a prayer for eviction of the petitioners.