SURESH CHIKARA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) By virtue of the present petition, learned counsel for the petitioner challenges the order dtd. 22/11/2022 passed by the Appellate Authority of Divisional Commissioner, Department of Revenue, Govt. of NCT of Delhi, whereby the appeal preferred vide diary no. 3859 dtd. 13/2/2020 under Rule 22(3) (4) of the Delhi Maintenance and Welfare of Parents and Senior Citizen Amended Rules against the original order 31/12/2019, the District Magistrate (North) was disposed of. Vide the said original order dtd. 31/12/2019, the District Magistrate rejected the eviction application of the father of the petitioner-respondent no.2 on the ground that the civil suit was pending and as per the status report filed by I.O, it was a simple property dispute between father and son and that no ill-treatment had been proved.

(2.) The Appellate Authority in the impugned order under challenge, after observing that the entire case of the petitioner herein was that his father was not the owner of the property i.e. House bearing no. 365/1, Ground Floor, Pradhan Gali, Nirankari Colony, Delhi - 110009 and the same was built-up by the petitioner from his hard earned money and that the petitioner was in possession of his share by virtue of an oral partition in 1985 and that a Civil Suit with respect to the property was pending and further that The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and Delhi Rules 2009, amended time to time, is a welfare legislation and have been framed for the benefit and protection of senior citizens/Parents, so that they can spend their twilight years peacefully, held as under:-

(3.) Learned counsel for the petitioner submits that, admittedly, though the petitioner is son of the registered owner of the property in question and is in possession, however, admittedly, he does not possess any title documents in his favour.