GANESH Vs. INDU BAI

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 10/2/2021, passed by the learned Single Judge in Writ Petition No. 2679 of 2020, whereby, petition filed by the appellants has been dismissed.

(2.) The facts of the case are that the appellants are husband and wife respectively. The respondent No.1-Smt. Indu Bai is the mother of appellant No.1-Ganesh and respondent No.2-Smt. Padma Bai is the sister-in-law (Aunt) of the respondent No.1. Both the respondents are widows. The respondents approached the Tribunal constituted under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the 'Act of 2007 ' for short), with an application stating therein that they were peacefully residing in the house owned by them and after death of the husband of respondent No.1 on 13/8/2018, the appellant No.1 has started harassing the respondents. It has also been alleged that the appellant No.1 ousted the respondents from the house and since then respondents were residing elsewhere. It was, therefore, prayed that appellants be evicted from the house while putting the respondents in possession of the said house with further prayer to direct the appellants not to interfere into the possession of respondents from the house in question.

(3.) The appellants filed reply to the said application and denied the allegations. On 6/8/2020, the Sub Divisional Officer (hereinafter referred to as the 'Tribunal ' for short) after recording the evidence of parties, came to the conclusion that during his life time, the husband of the respondent No.1 had purchased land admeasuring 600 sq.ft over Khasra No.918, by a registered sale deed dtd. 22/7/2007, thereupon house was constructed. The Tribunal, therefore, in exercise of the powers vested under the Act of 2007 vide order dtd. 6/8/2020 directed that within a period of thirty days, the house of the respondent No.1 be vacated by the appellants, failing which the concerned Police Station was directed to ensure the compliance of the said order. Against the order passed by the Tribunal the appellants approached the appellate Authority i.e. Collector Khandwa, who vide order dtd. 6/9/2020 dismissed the same on the ground that Sec. 16 of the Act of 2007 only provides a remedy of appeal to a senior citizen or a parent aggrieved by an order of Tribunal. Since the appeal was not found to be maintainable at the instance of appellants, therefore, the same was dismissed. The appellants, therefore, filed Miscellaneous Petition before this Court, which has also been dismissed by the learned Single Judge. Hence, the appellants are in the present intra Court appeal.