GIAN SINGH Vs. ADDITIONAL DEPUTY COMMISSIONER AND ANOTHER

JUDGEMENT

(1.) The petitioner is aggrieved against the order of the Additional Deputy Commissioner-cum-Additional District Magistrate, SAS Nagar, Mohali dated 06.06.2017, by which application filed by the petitioner under section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act") against his widowed daughter-in-law (respondent no.2 herein) has been dismissed.

(2.) In brief, respondent no.2 along with her minor children filed a Civil Suit No.27/2013 for permanent injunction to restrain the petitioner and others from interfering into their peaceful possession and dispossessing them forcibly and from alienating the House No.473, Ward No.5, Sector-9, near Royal Palace, Tehsil Kharar, District Mohali. The said suit was partly decreed as it was directed that the petitioner would not dispossess respondent no.2 from the house in question forcibly and illegally and would also not interfere in her peaceful possession.

(3.) It is not disputed that, thereafter, the petitioner had also filed a Civil Suit for possession of the property in question against respondent no.2, in the Court of Civil Judge (Junior Division), Kharar, which is pending adjudication. During the pendency of the said suit for possession, the petitioner filed the application under Section 22 of the Act. The said application has been dismissed by the Competent Authority with the following observations:-