DEVI BAI Vs. NARINDER KUMAR AND OTHERS

JUDGEMENT

(1.) The petitioner is a widow of about 77 years of age who has moved an application for seeking maintenance and eviction of her two sons namely Narinder Kumar and Gulshan Kumar, arrayed as respondents No. 1 and 2 in this petition, from House No. 330/7, Panipat, District Panipat. The said application was decided by the Tribunal on 27.10.2014 passing an order of eviction. Against the said order, respondents No. 1 and 2 filed their appeal before the Appellate Tribunal which was dismissed on 10.06.2016. Before the Appellate Tribunal, respondents No. 1 and 2 submitted their respective affidavits in which they averred that they are ready and willing to pay Rs. 2000/- each every month to their mother as subsistence allowance. Therefore, they both were directed to pay Rs. 2000/- each every month.

(2.) At the outset, learned counsel for the petitioner has realised that the order of eviction could not have been passed by the Tribunal as the jurisdiction lies only with the District Magistrate in terms of Section 22(2) read with Rules and the action plan under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007(for short 'the Act'). Therefore, he has restricted his prayer to the payment of maintenance of Rs. 2000/- each by both the sons. He has argued that the petitioner had prayed for maintenance to the extent of Rs. 10,000/- per month which is the outer limit in terms of Section 9 of the Act but respondents No. 1 and 2 voluntarily offered to pay Rs. 2000/- each to their mother/petitioner.

(3.) In order to resolve the controversy, I had asked the petitioner and both her sons to be present in Court. All of them are present. Both the sons have said that they have paid Rs. 2000/- each for some time in terms of the order dated 10.06.2016. However, learned counsel for the petitioner has submitted that 10.06.2016 is the date of order but the maintenance has to be paid from the date when it was claimed. In this regard, he has referred to the date of filing of application i.e. 01.10.2014 and has prayed that respondents No. 1 and 2 may be directed to pay maintenance from 01.10.2014 i.e. of 34 months till July, 2017 minus the maintenance already paid by them separately to the extent of Rs. 2000/- each.