ABHISHEK TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Since both the petitions have been preferred challenging the order dtd. 13/12/2021 hence both the said writ petitions are being decided by means of the present common order.

(2.) Heard Sri Anil Tiwari, learned Senior Advocate assisted by Sri Apoorva Tiwari, the counsel for the petitioner and Dr. L. P. Mishra, the counsel for the respondents.

(3.) The facts in brief giving rise to the present petition are that the petitioners, the son and daughter-in-law of respondent no.6 and the parents of respondent no.7 have filed the present petitions challenging the order dtd. 13/12/2021 passed by the Sub-Divisional Magistrate, Lucknow in exercise of powers under sec. 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act of 2007') whereby directions have been given to vacate the residential house situate at 2/1-F Vishesh Khand, Gomti Nagar, Lucknow within a period of fifteen days from the date of passing of the said order. The second petition is filed by the son of petitioners challenging the same order. It is argued that the respondent no.6 is the absolute owner of the property no.2/1-F, Vishesh Khand Gomti Nagar, Lucknow which he acquired out of her own funds. In the said property, on the ground floor the respondent no.6 who is aged about 75 years is residing with her husband Sri Manmohan Tiwari, the petitioners who are son and the daughter in law along with the respondent no.7 who is the grand son of respondent no.6 and the son of the petitioners no.1 and 2 along with their daughter are residing on the first floor. It appears that on account of certain disputes that have arisen in between the family members, the petitioner no.1 filed a regular suit no.882 of 2019 against the respondent no.6 and Sri Manmohan Tiwari seeking a permanent injunction against the dispossession of the petitioner no.1 from the property in question. In the said suit, it has been asserted that the property has been purchased out of the sale proceeds of ancestral property of which the petitioner no.1 was also a co-parcener. The said suit is pending consideration.