HARJIT KAUR Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) Present writ petition has been filed for setting aside the order dtd. 7/4/2016 (Annexure P-17) by which, the application under Sec. 21 and 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred as '2007 Act') filed by respondents No.2- senior citizen seeking the possession of the House No.3100 Sector 40-D, Chandigarh has been allowed by the District Magistrate, U.T. Chandigarh.

(2.) Certain facts needs to be enumerated for the correct appreciation of the issue in hand.

(3.) Petitioner No.1 is the daughter of respondent No.2-senior citizen (father). Ranjit Kaur, who was initially the petitioner No.2 but was later on transposed as respondent No.3 vide order dtd. 5/8/2022 of this Court, is the mother of petitioner No.1 and wife of respondent No.2. Respondent No.2-senior citizen (father) filed the application invoking the jurisdiction under the 2007 Act for the protection of life and liberty and the property i.e. House No.3100, Sector 40-D, Chandigarh. The said claim was raised by the respondent No.2-senior citizen (father) on the ground that he is a general power of attorney holder in respect of House No.3100, Sector 40- D, Chandigarh, which house is actually allotted to one Bilhar Singh son of Bojha Ram, resident of House No.2749, Sector 22-C, Chandigarh and is owned by him and keeping in view the said power of attorney, respondent No.2-senior citizen (father) is entitled for the vacation of the said premises which is in the possession of petitioner No.1 Harjit Kaur as well as Ranjit Kaur (earlier petitioner No.2)-wife of the respondent No.2-senior citizen. The respondent No.2-senior citizen namely Gulshan Beer Singh claimed eviction of his daughter (petitioner No.1) from the property in question.