BALWINDER SINGH Vs. DISTRICT MAGISTRATE AND ANOTHER

JUDGEMENT

(1.) The petitioner is aggrieved against the order dated 24.9.2015 (Annexure P-4) passed by the District Magistrate, Chandigarh by which application filed by respondent No.2 under Sections 21 & 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the Act" ) and Chandigarh Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 has been allowed and the petitioner has been directed to vacate H.No.897, Mohalla Tarkhana, Mani Majra, U.T. Chandigarh.

(2.) Counsel for the petitioner has submitted that respondent No.2 has claimed title over the property in question on the basis of a sale deed dated 1.5.2007 purported to have been executed in his favour by Ranjit Singh son of Waryam Singh, identified as H.No. 897, Mohalla Tarkhana, Mani Majra, U.T. Chandigarh.

(3.) It is submitted that Ranjit Singh had earlier filed a Civil Suit No. 76 of 2001 against the U.T. Administration and the petitioner for seeking permanent injunction restraining defendant Nos. 1 and 2 in that suit not to transfer, mortgage, alienate or sell house (Old No. 897 ) New No.848/1 situated in Mori Gate, Manimajra, Chandigarh. The said suit was dismissed on 1.12.2006 by the Civil Judge (Jr. Divn.), Chandigarh in which he has observed that though Ranjit Singh has claimed ownership over the suit property but apart from his own statement, no other evidence has been led to prove as to how the said property came to him.