ANIL CHOUPDA Vs. SUBHADRA

JUDGEMENT

(1.) By this petition preferred under Article 227 of the Constitution of India, the petitioners have challenged the order dtd. 22/7/2022 (Annexure P/1) passed by the Collector, District Ratlam affirming the order dtd. 28/3/2022 (Annexure P/2) passed by Sub Divisional Officer, Ratlam (City), Ratlam whereby application filed by respondent No.1 seeking re-entry to the disputed house under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act, 2007') had been allowed.

(2.) Facts in brief are that respondent No.1 filed an application before the Sub-Divisional Officer, the Tribunal constituted under Sec. 7 of the Act, 2007. As per her, she is widow of Late Dashrath Chopda and was residing in the disputed house along with him which was their self acquired property and was in their joint possession. During life time of her husband, they had executed a joint Will on 18/1/2014 with respect to the disputed house as per which upon death of either of them, the survivor was to become the sole owner thereof. Thus, upon death of her husband, she became the sole owner of the disputed house and was in its possession but in June, 2021 the petitioners forcibly dispossessed her therefrom. Prayer was hence made by her for possession of the disputed house and return of articles kept therein forcibly taken by the petitioners.

(3.) Petitioners opposed the application by submitting that under the Will set up by respondent No.1 there is no clause that they would be liable to be dispossessed from the disputed house. Respondent No.1 has no right to evict them from the disputed house as they are also entitled for joint possession of the same. Respondent No.1 is already having sufficient property and cash and is residing along with her elder son at Indore hence is not entitled for possession of the house.