PRAMOD Vs. VIMALA

JUDGEMENT

(1.) The 2nd respondent, on behalf of the 1st respondent, preferred a complaint before the 3rd respondent seeking eviction of the petitioner from the house owned by the 1st respondent and her sister Prasanna. 16 cents of land in Survey No.94/109 and a house belong to her and to Prasanna and the petitioner is residing there for 13 years with their permission. The 1st respondent wants to sell the property to liquidate her debts, but the petitioner is not surrendering it to her. Therefore, she preferred a complaint seeking a direction to the petitioner to surrender the house. The 1st respondent also filed a suit as O.S. No.116/2020 before the Munsiff court, Thalassery on 9/3/2020 for evicting the petitioner. The petitioner filed a written statement as Ext.P2 on 22/1/2021. While so, the first respondent filed M.C.C.No. 32/2020 before the 3rd respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act') and the 3rd respondent passed Ext.P3 order on 13/9/2021 directing the petitioner to give vacant possession of the building in Survey No.94/109 with the 16 cents of property. It is also directed that the petitioner be granted 4 cents of property, out 16 cents on payment of Rs.2.00 lakhs. Petitioner challenges Ext.P3 in this Writ Petition.

(2.) A counter affidavit is filed by the 1st respondent in which it is stated that 16 cents of property, with a house situated in the said property, are in the joint possession of the 1st respondent and her sister. The petitioner, who is a distant relative, has been residing in the above house from 2014 onwards as permitted. Since the husband of the 1st respondent passed away, she had to incur huge debt which occasioned due to the treatment of her husband and therefore, she has decided to dispose the house property to pay off the debt. In the said situation, the petitioner was directed to vacate the house to enable the 1st respondent sell the property. Invoking the provisions of the Act, the Maintenance Tribunal was approached by the 2nd respondent.

(3.) On getting notice, the petitioner entered appearance and the matter was settled between the parties in the presence of the Presiding Officer of the Tribunal. The petitioner agreed to give vacant possession of the house on condition that 4 cents of property out of 16 cents, is given to him for a consideration of Rs.2.00 lakhs. It is admitted that O.S.No.116 of 2020 is filed against the petitioner for eviction. The Tribunal has the power to deal the properties of senior citizens. Ext.P3 order is passed as agreed by the petitioner. Therefore, prayed for dismissing the Writ Petition.