ASHOK BISWAS S O ANIL BISWAS Vs. DIVISIONAL COMMISSIONER DEPARTMENT OF REVENUE GOVT OF NCT DELHI AND ORS

JUDGEMENT

(1.) The instant LPA has been filed for setting aside the Order dtd. 23/1/2023, passed by the learned Single Judge in W.P. (C) 9915/2020. The learned Single Judge vide the Order impugned herein has directed the Appellants herein to vacate the property situated at WE-30, Gali No. 9, Mohan Garden, Pipal Road, Uttam Nagar, New Delhi (hereinafter referred to as ' the property in question ').

(2.) Shorn of details, the facts leading to the present LPA are as follows:

(3.) Learned Counsel for the Appellant contends that the Order passed by the learned Single Judge virtually nullifies the interim injunction granted by a competent Court to the Appellants herein in a validly instituted suit. He further states that the Appellants have contributed substantial amount of money towards the construction of the property in question and they cannot be evicted from the same. He states that the only method for eviction of the Appellants, as stated by the learned Metropolitan Magistrate, in its order dtd. 22/12/2018 while disposing of the suit for injunction filed by the Appellant No.1 herein, is by filing a suit by following due process of law. He also submits that the Senior Citizens Act cannot be used by the Respondents No.2 and 3 as a tool for eviction. He also states that the Respondents No.2 and 3 are under the spell of their daughter who has poisoned their minds against other siblings. He states that the order of the learned Single Judge has not taken into account the role played by the daughter of the Respondents No.2 and 3 who is poisoning the minds of her parents.