BHIM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners pose a challenge to order dtd. 20/9/2018, passed by District Magistrate, Gurugram, whereby petition under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 read with 'Action Plan' for the Protection of Life and Property of Senior Citizen, filed by Manbhari Devi (respondent No.2 herein), has been accepted and petitioners have been directed to vacate the house in question within a period of one month from the date of order.

(2.) Learned counsel for the petitioners has urged before this court that the order suffers from patent illegality. After the death of his father, petitioner No.1 had become co-sharer in the house in question to the extent of 1/7th share and thus, he cannot be ousted from the same by another co-sharer. Thus, order deserves to be set-aside.

(3.) I have heard learned counsel for the petitioners and given careful thought to the facts of the case. Brief factual matrix of the case is that Manbhari Devi, who is senior citizens, filed an application under the provisions of Maintenance and Welfare of Parents and Senior Citizen Act, 2007 read with 'Action Plan' for the Protection of Life and Property of Senior Citizen against the petitioners, seeking their eviction from the house, situated within the Abadi of Kasan, District Gurgaon, stating therein that her son i.e. petitioner procured a forged and fabricated Will of the house in question in his favour, which had been challenged by her in the court of S.D.O. (Civil), Gurugram-North and same was got cancelled. Petitioners ousted her from the house in question. After considering entire material on record as well as report of Sub Divisional Officer (Civil), Gurugram-North, the District Magistrate allowed the application filed by respondent No.2 and directed the petitioners to vacate the said house within a period of one month.