RAVI KUMAR Vs. DEPUTY COMMISSIONER-CUM-APPELLATE TRIBUNAL

JUDGEMENT

(1.) Challenge in the present writ petition filed under Articles 226/227 of the Constitution of India is to the order dtd. 14/9/2022 passed by the Maintenance Tribunal-cum-Sub Divisional Magistrate, Bhadurgarh, District Jhajjar (Annexure P-3), whereby, the application under Sec. 22 of the Maintenance & Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'Act of 2007') moved by respondents No.3 and 4 has been allowed. Challenge is also to the order dtd. 9/5/2023 passed by the Appellate Tribunal-cum-Deputy Commissioner, Jhajjar, whereby the appeal filed by the petitioner has been dismissed.

(2.) Learned counsel for the petitioner has submitted that the impugned orders are illegal and deserves to be set aside on two grounds, firstly that the property in question i.e., House No.125, Gali No.2, Shankar Garden, Line Paar, Bahadurgarh, Tehsil Bahadurgarh, District Jhajjar is not exclusively owned by respondent No.3 and the petitioner has a share in the same as the same is ancestral property inherited by the respondent No.3 from his forefathers. Secondly, it is submitted that respondents No.3 and 4, who are the mother and father of the present petitioner, are residing in House No.124, which belongs to the brother and sister of the petitioner and are not residing in the house from which the eviction is sought, which is House No.125 and thus, respondents No.3 and 4 have no right to seek eviction of the petitioner from the said House No.125.

(3.) This Court has heard learned counsel for the petitioner and has gone through the paper-book.