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2018 Supreme(Bom) 864

R.D.DHANUKA
Dattatrey Shivaji Mane – Appellant
Versus
Lilabai Shivaji Mane – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.P. Kharge
For the Respondent: Mr. Sandeep Naik, Mr. S.D. Rayrikar

JUDGMENT :

By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 1st February 2018 passed by the Tribunal for Welfare of Parents and Senior Citizens on a complaint filed by the respondent no.1 who is the mother of the petitioner no.1, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short “the said Act”).

2. It is the case of the petitioner that the petitioner has been staying in the tenament i.e. Room No. 502, 5th floor, B-Wing, Darshan Heights, Zavaba Wadi, Thakurdwar, Girgaon, Mumbai along with his wife, son, daughter and the respondent no.1. Admittedly the said tenament belongs to the respondent no.1 exclusively.

3. The respondent no.1 filed a complaint against the petitioner inter alia praying for maintenance and eviction of the petitioner on various grounds. The said complaint was resisted by the petitioner. The Tribunal passed an order on 1st February 2018 thereby directing the petitioner and his other family members to evict themselves from the said tenament within 30 days from the date of the said order and hand over vacant possession thereof to the respondent no.1. T











































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