NARENDER KUMAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The instant writ petition has been filed challenging the Order dtd. 8/9/2022 passed by the Appellate Authority of Divisional Commissioner whereby the Appellate Authority has set aside the Order dtd. 13/10/2021 passed by the District Magistrate (West) and has directed the eviction of the Petitioners herein (Respondent therein) from the property bearing A-32, Janta Colony, Near Tagore Garden, New Delhi-110027 (hereinafter referred to as 'property in question'). The Appellate authority by the Impugned Order also restrained the Petitioner from entering the property in question without the permission of the Respondent No. 3 herein (Appellant therein).

(2.) The facts, in brief, leading to the filing of the present writ petition which has been summarised by the Court of District Magistrate which is the authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'Senior Citizens Act') are as under:

(3.) The Applicant/Respondent No. 3 herein filed an application against one Smt. Neelam Rani and the Petitioners herein claiming that the said Smt. Neelam Rani is his wife and the other Petitioners are the children of Smt. Neelam Rani and the daughter in law-Suman who were residing at the property in question. It is stated by the Applicant/Respondent No. 3 herein that he is the absolute owner of the property is question and the fact that he is the owner of the property is evident from the Khasra Girdawri which is in his name. It is stated that Smt. Neelam Rani, who was the widow of Sh. Prem Prakash, married the Applicant/Respondent No. 3. It is stated that Smt. Neelam Rani and her children were living with the Applicant/Respondent No. 3 in the property in question.