GURPREET SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE challenge in the present writ petition is to an order passed by the District Magistrate on 30.09.2015 ordering the petitioner to be ejected from the house of respondent No. 4 - Mohinder Singh within a period of one month.

(2.) THE brief facts out of which the present petition arises is that the petitioner is son of respondent No. 4 - Mohinder Singh staying in a house measuring 124 square yards in which the petitioner, his wife and two daughters are said to be residing in an area of 24 square yards. The remaining portion is said to be in possession of father of the petitioner and another brother of the petitioner.

(3.) THE petitioner asserts that respondent No. 4 is living separately happily with his other son and is in sound financial condition. Therefore, it cannot be said that the father is emotionally neglected and there is lack of physical and financial support. The petitioner asserts that litigation is pending with regard to the small portion of the house which is in occupation of the petitioner and his family which is pending in the Civil Court. Respondent No. 4 filed an application before the District Magistrate in which the order has been passed without hearing the petitioner. The petitioner applied for setting aside the ex parte order but the application was returned.