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2022 Supreme(Bom) 383

G. S. KULKARNI
Suryakant Kisan Pawar – Appellant
Versus
Deputy Collector, Mumbai and Presiding Officer Parents and Senior Citizens Subsistence Tribunal, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Akshay Petkar, Mr. Aniket Mali.
For the Respondents: Mr. Himanshu Takke, Mr. P.R. Yadav, Mr. Saumitra Salunke.

JUDGMENT :

G.S. KULKARNI, J.

1. The plight of a benighted widowed mother, a senior citizen, to gain a roof over her head in a tenement of 300 sq. feet owned by her and the hard struggle faced by her from one of her sons, is the subject matter of the present unfortunate proceedings.

2. This is a writ petition arising out of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. An order dated 3 February 2018 passed by the Presiding Officer of the Parents and Senior Citizens Subsistence Tribunal, Mumbai City, is challenged in the present petition, by the petitioner, who is the son of respondent No. 2-Smt. Kusum Kisan Pawar who is a senior citizen (for short ‘the mother’). The mother approached the tribunal as constituted under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Senior Citizens Act’) invoking its jurisdiction under Sections 4 and 5 read with Section 23 of the Act against the petitioner, inasmuch as, the mother was dishoused from her only abode being a small tenement admeasuring 300 sq. ft. being No. 209 Swapna Safalya Building, Dhan Mill Naka, Prabhadevi, Mumbai-400025 (for short ‘the said tenement’).

3. The fac

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