SADHU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the instant petition is to the order dated 16.10.2018 (Annexure P-4) passed by the Additional District Magistrate, Khanna, whereby an application under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (herein after to be referred to as the Act) filed by respondent no.3 has been accepted and the petitioner has been directed to vacate the premises in question within a period of one month from the date of the order.

(2.) Counsel for the petitioner has urged before this Court that the impugned order is patently illegal. It is contended that the allegations raised by the mother against the present petitioner as also his wife and children of harassment and abusive behaviour are false and fabricated. Further argued that the application under the Act moved by respondent no.3 was with an oblique motive and only on the instigation of the brother of the petitioner namely Sanjay Kumar. It is submitted that by virtue of the eviction order, the petitioner as also his family would be put to great inconvenience as they would now have to look for accommodation elsewhere.

(3.) Pleadings on record and appended as Annexure P-3 is the application that respondent no.3 had filed under the provisions of the Act seeking eviction of the petitioner herein from the house in question i.e. House No.28/373, Ward No.5, Post Office, Ambedkar Colony, Khanna, Tehsil Khanna, District Ludhiana. In the application it was categorically averred that the senior citizen had purchased the land vide sale deed dated 25.7.1991 and thereafter she had effected construction thereupon. It was also alleged that her son Sadhu Ram i.e. the present petitioner, his wife and children are not in control of the applicant and that they continuously harass her and have even resorted to physical abuse. The senior citizen further averred that her son as also the family are not looking after her in her old age.