(1.) The instant petition has been preferred under Article 227 of the Constitution of India by the petitioner for setting aside the order dtd. 17/8/2023 passed by Respondent No. 3-District Magistrate Kathua in the application titled "Parshotam Lal vs. Sanjay Kumar and Anr.' filed under Maintenance and Welfare of Parents and Senior Citizen Act 2007.
(2.) Mr. Narinder Kumar Attri, learned counsel appearing on behalf of the petitioner submits that the petitioner had filed an application before Respondent No. 3 to direct the S.S.P Kathua to evict Respondent No. 1 and 2 (private respondents) from the house of the petitioner under the Senior Citizen Act and prior to the filing of the aforesaid application, the petitioner had also executed the disinheritance deed disinheriting the private respondents and severing all the relations with them which is also placed on record.
(3.) It is further submitted that the private respondents had administer beatings to the petitioner and his wife several times and by resorting such a behaviour they have forcibly ousted the petitioner from the house and also extended the life threats to the petitioner and other family members due to which the petitioner being a senior citizen, is unsafe in his own house had preferred the application for the eviction of private respondents from the house which belongs to the petitioner.