SIMA Vs. SENIOR CITIZEN APPELLATE TRIBUNAL

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned A.G.P. waives service for respondent Nos. 1 to 3, learned advocate Mr. Savale waives service for respondent No. 4 and learned advocate Mr. Menezes Joslyn waives service for respondent No. 5. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) In this Petition under Article 227 of the Constitution of India the petitioner is impugning the order passed by the Chairman of Senior Citizen Appellate Tribunal in an appeal preferred by the respondent No. 4 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ( hereinafter 'the Act') whereby her appeal against the order passed by the Presiding Officer of the Senior Citizen Maintenance Tribunal constituted under Section 7 of the Act has been modified and inter alia the petitioner is directed to vacate the house property standing in the name of respondent No. 4.

(3.) The respondent No. 5 is the son of the respondent No. 4 and the petitioner is his wife. For the sake of convenience they are being referred to as mother, son and daughter-in-law. The mother preferred an application under Section 5 of the Act before the Maintenance Tribunal alleging that the son and the daughter-in-law are occupying her self acquired house property at Dhule and have driven her out. She therefore prayed for eviction of the son and the daughter-in-law and also claimed maintenance at the rate of Rs. 15000/- per month.