MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for quashing the order dated 22.12.2017 passed by the Chairman, Maintenance Tribunal, Patna in Case No. 18 of 2017, whereby and whereunder the petitioners have been directed to vacate the house constructed over the land purchased by the father of the petitioner no. 1 who has been arrayed as respondent no. 4 herein.

2. The brief facts of the case, according to the petitioners are that the respondent nos. 4 & 5, who are the parents of the petitioner no. 1 had filed an application before the Sub-Divisional Officer, Sadar, Patna-cum-Chairman of the Maintenance Tribunal (hereinafter referred to as the ‘Maintenance Tribunal’), on 15.09.2017 under the provisions of the Maintenance and Welfare of Parents & Senior Citizens Act, 2007 (hereinafter referred to as the ‘Act, 2007), against the petitioners who are the son and daughter-in-law of the respondent nos. 4 & 5, alleging therein that the petitioners used to abuse them, leading to registration of a case bearing Case No. 18 of 2017, whereafter a notice dated 16.09.2017 was issued to the petitioners fixing the date of hearing as 07.10.2017. The petitioners are stated to have appeared before the Sub-Divisional Officer, Sadar, Patna and had refuted the allegations made against them, nonetheless, the Sub-Divisional Officer, Patna Sadar by the impugned order dated 22.12.2017 has passed an order directing the petitioners to vacate the house situated at Lohanipur within a period of one month.

3. The learned counsel for the petitioners has made only one submission to the effect that now the matter has been compromised and there is no dispute in between the petitioners and the respondent nos. 4 & 5, hence the impugned order dated 22.12.2017 be set aside, more so since the petitioners are ready to stay peacefully with the respondent nos. 4 & 5 and look after the welfare of the respondent nos. 4 & 5.

4. Per contra, the learned counsel appearing for the respondent nos. 4 & 5 has disputed and denied the factum of any compromise having taken place in between the respondent nos. 4 & 5 and the petitioners and has, on the contrary, submitted that the respondent nos. 4 & 5 are more than 70 years of age, who are being harassed regularly by the petitioners. It is also stated that the respondent no. 4 used to work as a Typist for livelihood and with his income, he has married his three daughters who are living in their matrimonial home happily. It is also submitted that the respondent no. 4 had five brothers who had jointly purchased one katha of land situated at Patna Municipal Khesra No. 907, Seat No. 43, Circle No. 19, presently Circle No. 13, Tauzi No. 05 situated at West Lohanipur under Kadamkuan Police Station and after partition amongst the brothers, four dhur of land fell in the share of the respondent no. 4, apart from one of the elder brother of the respondent no. 4 having also given his share of four dhurs to the respondent no. 4 resulting in the petitioners owning eight dhurs of land upon which he, from his own earning, has constructed a three storied house in which the respondent no. 4 is living at present on the second floor whereas the petitioners are living on the first floor and the ground floor has been given to a tenant on monthly rent. It is also submitted that the respondent no. 4 had also purchased two katha land in the name of his daughter-in-law i.e. the petitioner no. 2 herein bearing Tauzi No. 131, Khata No. 114, Thana No. 26, Khesra No. 1356 in Mauza-Jaganpura under the Police Station-Fulwari Sharif as well as one katha land in the name of his daughter. It is further stated that after the marriage of the daughters, the respondent nos. 4 & 5 are not only maintaining the petitioners and their two sons but are also paying all the school fees of the two sons of the petitioners. Nonetheless, the petitioners started misbehaving with the respondent nos. 4 & 5 since the year 2010 and used to regularly abuse and manhandle the re