DINESH BHANUDAS CHANDANSHIVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) An unfortunate saga of a mother, who is a senior citizen, requiring to initiate proceedings against her son and his wife, who illegally ousted her from her abode, is the subject matter of the present proceedings.

(2.) This petition under Article 226 of the Constitution of India assails an order dtd. 17/9/2021 passed by the Senior Citizens Maintenance Tribunal (for short 'Tribunal'). By the impugned order, the petitioner, who is the son of respondent no. 4-Smt. Laxmi Bhanudas Chandanshive ("the mother') has been ordered to vacate the tenement belonging to her.

(3.) The mother had approached the Tribunal invoking its jurisdiction against the petitioner and his wife contending that the petitioner and his wife have illegally removed her from tenement no. 310, Vishwa Sahakar Cooperative Housing Society Ltd., Gautam Nagar, Dindayal Upadhayay Marg, Mulund (West), Mumbai ' 400 080. The mother contended that the tenement was allotted to her deceased husband (petitioner's father), who passed away on 15/6/2015. After her husband's demise, she was peacefully residing in the said tenement. She has contended that she has three sons and one daughter, all of whom are married and are residing in their respective houses. The mother complained that after the demise of her husband, the petitioner along with his wife visited her and thereafter refused to leave the tenement. It was her case that severe harassment was caused to her by the petitioner and his wife, as a result of which in a state of being driven out of her own house, she had to leave the tenement and have a shelter with her elder son Vijay Bhanudas, who was staying at Kisannagar, Wagle Estate, Thane in a small tenement, where she is presently residing.