VINOD KUMAR BALI Vs. ASHISH BALI

JUDGEMENT

(1.) The Petitioner, Mr. Vinod Kumar Bali, a senior citizen, had filed an eviction petition under Rule 22(3)(1) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, 'Senior Citizens Rules' seeking eviction of his son, Respondent No. 1, and daughter-in-law, Respondent No. 2 from property bearing No. B1/107, UGF, Janakpuri, Delhi. Subject Property The District Magistrate, through order dtd. 10/11/2022, allowed the Petitioner's eviction petition, directing the Respondents to vacate the Subject Property. The Respondents filed an appeal against the said order, whereby the Divisional Commissioner vide order dtd. 1/5/2023, 'impugned order' set aside the order of the District Magistrate.

(2.) Aggrieved by the order of the Divisional Commissioner, the Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, 1950, assailing the impugned order. The Petitioner challenges the legality and propriety of the impugned order, arguing that it disregards his right to reside peacefully in his own property, as envisaged under the Delhi Maintenance and Welfare of Parents and Senior Citizens Act, 2007, 'Senior Citizens Act' and the Rules framed thereunder.

(3.) Mr. R.K. Tarun, counsel for the Petitioner presents the following facts leading to the initiation of the present proceedings: