TARA RANI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The question involved in this case is as to whether an application filed by a senior citizen under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act') read with Rules and the action plan would be maintainable in case the said senior citizen transfers the title of the property to someone else during the pendency of the application?

(2.) Brief facts of this case are that the petitioner, being a senior citizen and mother of private respondents, filed an application under Section 22 of the Act before the District Magistrate, Ambala for seeking eviction of private respondents from the property in dispute i.e. House No. 575/2, Chanana Colony, Naraingarh, District Amabala. She made allegations against her son-respondent No. 1 that he is a drunkard, also assaulted her with iron-rod and other members of his family and also misbehaved with her.

(3.) The complaint made by the petitioner was dismissed by the District Magistrate vide order dated 30.01.2018 on the ground that the petitioner ceased to be the owner of the property because she had transferred the said property vide registered transfer deed No. 2954 dated 22.03.2017 to respondents No. 10 and 11 before the final decision of the application filed under Section 22 of the Act.