MAJOR SINGH Vs. DISTRICT MAGISTRATE PATIALA

JUDGEMENT

(1.) CM-269-LPA-2019: For the reasons mentioned in the application, delay of 8 days in filing the appeal is condoned. C.M. stands disposed of.

(2.) LPA-120-2019: This intra-Court appeal filed by the appellant is directed against the judgment and order dtd. 11/12/2018 passed by the learned single Judge dismissing the writ petition filed by him challenging the order dtd. 13/7/2018 passed by Additional District Magistrate, Patiala, directing his eviction from the house in question under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred to as "the Welfare Act").

(3.) The dispute is between the son and the widowed mother. Brief facts giving rise to the dispute can be summarised as under. Respondent No.3-Karnail Kaur, mother of Major Singh (the appellant herein), made an application before the Deputy Commissioner, Patiala, that her son Major Singh, though owns his own house in Bhawanigarh, but still is unauthorisedly and illegally occupying the house of the applicant. It was also mentioned that he ill-treats her and he may be evicted therefrom. Admittedly, the property in question belonged to the husband of respondent No.3 who executed a Will dtd. 2/9/1996 in her favour. Mutation, as regards the same in question, on the basis of the Will, was sanctioned in her favour. The said order was challenged by the appellant by filing an appeal which too was dismissed. Vide order dtd. 13/7/2018 passed by Additional District Magistrate, Patiala, the appellant was directed to vacate the house. The same was challenged by filing a writ petition which has also been dismissed by the learned single Judge, vide the order impugned in this appeal, by placing reliance upon a Division Bench decision of this Court in the case of Gurpreet Singh vs. State of Punjab and others, 2016(1) R.C.R. (Civil), 324 wherein it was held that petitioner living in a part of the property is only a licensee on the basis of concession and once that licence is terminated he has no vested right of any kind to remain in possession.