MAYUR VAIJANATH TAWDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The challenge in this writ petition is to the order dtd. 6/9/2019 passed by Sub-divisional Officer-cum-Presiding Officer of the Tribunal constituted under Sec. 7 of the Maintenance And Welfare of Parents And Senior Citizens Act, 2007 (Act of 2007). Vide order impugned herein, the Petitioners have been directed to vacate and handover possession of room no.3/6, Gurukrupa Chawl, Seva Sangh, Shani Mandir Road, Meghwadi, Jogeshwari East, Mumbai 400 060 (disputed premises) to Respondent No.3 within a period of 15 days.

(3.) Facts giving rise to the present petition are as follows:- Respondent No.3 is step-mother of the Petitioners herein. On the demise of mother of the Petitioners, their father-Vaijanath married Respondent No.3. Vaijanath was serving with Morarji Mills. He passed away in 2014. The disputed premises belonged to deceased Vaijanath. Both the Petitioners were living separately from their father and Respondent No.3. Both the Petitioners would visit the disputed premises. Both of them had occasionally stayed in the disputed premises. Petitioner No.1 is gainfully employed. Petitioner No.2 is differently abled (psychologically). Both the Petitioners would harass and ill-treat Respondent No.3 on the demise of their father. It is the case of Respondent No.3 that she was 60 plus and, thus, a senior citizen. It is her right to stay peacefully and comfortably in the disputed premises. The Petitioners, by one or the other way, harassed and ill- treated her and thereby made her living miserable. She, therefore, filed application to the tribunal and urged for eviction of the Petitioners from the disputed premises.