SHARMILA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for set asiding impugned order dated 10.01.2018 (Annexure P-3) passed by the Presiding Officer-cum-Sub Divisional Magistrate, Jind, District Jind, whereby, the petitioner has been ordered to vacate House No.3883, Urban Estate, Jind, within a period of one month as per provisions of Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (here-in-after referred to as 'the Act', 2007)

(2.) Respondent no.4-Phool Kumari is mother-in-law of petitionerSharmila. An application was moved by Phool Kumari under Section 22 of the Act, 2007 before Sub Divisional Magistrate, Jind for getting House No.3883, Urban Estate, Jind, vacated, stating therein, that being an old lady of 77 years, she comes under the category of senior citizen. Said house was purchased by her from her own income and the payment was made from her retiral benefits. Reply of said application was filed by the petitioner stating that her husband died due to Ulcer and the house, in dispute, was purchased from the joint Hindu account and also from the income of deceased husband out of agriculture proceeds. Even huge amount was spent to renovate the house from her own resources. The application filed by respondent No.4 was allowed vide order dated 10.01.2018 and the order for vacating the house, in dispute, within a period of one month was passed.

(3.) Said order dated 10.01.2018 has been challenged by the petitioner by raising various grounds.