BHARAT SACHDEVA Vs. PREM LATA

JUDGEMENT

(1.) In view of the averments made in the application and in the interest of justice, the same is allowed. Documents annexed therewith are taken on record.

(2.) CM stands disposed off.

(3.) The present revision petition by petitioners-Bharat Sachdeva @ Pankaj and his wife Aarti Sachdeva filed against respondent No.1-Prem Lata, widowed mother of petitioner No.1, who happens to be a senior citizen and had initially invoked the jurisdiction of the Presiding Officer cum Sub Divisional Magistrate (Civil), Jagadhari, under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short 'the Act'). In her invocation, the petitioner had sought handing over the vacant actual and physical possession of a room with attached latrine-bathroom on the ground floor and roof of residential house duly described and depicted in the petition. The trial Court vide order dtd. 2/5/2017 dismissed the application directing her to approach the competent Court seeking eviction of her son and daughter-in-law from the house. Aggrieved over this, Prem Lata filed an appeal under Sec. 23 of the Act before the Appellate Tribunal, Yamuna Nagar. It is vide order dtd. 11/10/2017, the Appellate Tribunal allowed the appeal whereby ordering that the property be transferred back in favour of Prem Lata. It is this finding which is subject matter of assailment.