NAHID PARVEJ Vs. DISTRICT MAGISTRATE PALI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 20/10/2015 passed by the Maintenance Tribunal and S.D.O., Bali (hereinafter referred to as 'Tribunal') and order dtd. 9/2/2016 passed by the Appellate Tribunal and District Collector, Pali (hereinafter referred to as 'Appellate Tribunal') whereby the prayer of the petitioner seeking eviction of respondent Nos.3 and 4 from the property situated behind Nagar Palika, Khudala-Falna, Tehsil-Bali, District-Pali (hereinafter referred to as 'residential property') as per the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'Act of 2007') was rejected.

(2.) Briefly stated facts of the case are that the petitioner filed an application as per the provisions of the Act of 2007 before Tribunal on 21/7/2015 stating inter alia that the petitioner is a senior citizen, retired from the post of Teacher in the year 2012. The petitioner married Shabbir Khan on 28/10/1993 who had one son i.e. respondent No.3 from his previous marriage. Unfortunately, only after 16 months of the marriage, Shri Shabbir Khan passed away. In the application, it was further stated that the petitioner maintained respondent No.3 like her own son. The petitioner after superannuation from services purchased a house behind Nagar Palika, Khudala-Falna, Tehsil-Bali, District-Pali from the amount received against retiral benefits. Thus, the said property is a selfacquired property of the petitioner. The respondent No.3 married Smt. Najma i.e. respondent No.4 on 28/12/2014. Soon after the marriage, there was a drastic change in the behavior of respondent Nos.3 and 4 who started misbehaving and maltreating the petitioner. On 4/7/2015, the petitioner was forcibly thrown out from the residential property and since then, she has been residing with her brother, Farooq. In the application filed before Tribunal, it was prayed that respondent Nos.3 and 4 may be evicted from the residential property and appropriate arrangement for peaceful possession over the residential property be ordered.

(3.) The Maintenance Tribunal and S.D.O., Bali after holding summary inquiry as contemplated under the Act of 2007, vide order dtd. 20/10/2015 concluded that the object of the Act of 2007 is to ensure inexpensive and speedy procedure to settle claims regarding monthly maintenance for parents and senior citizens. However, since the petitioner had only sought eviction of respondent Nos.3 and 4 from residential property situated at Nagar Palika, Khudala-Falna, Tehsil-Bali, District-Pali, no relief could be granted and the petitioner was required to approach civil court for the aforesaid relief. Against the order dtd. 20/10/2015, an appeal under Sec. 16 of Act of 2007 was preferred before Appellate Tribunal and District Collector, Pali which came to be rejected vide order dtd. 9/2/2016 after examining the records and providing opportunity of hearing to the parties. The orders dtd. 20/10/2015 and 9/2/2016 passed by the Tribunal and Appellate Tribunal are assailed in the present writ petition.