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2018 Supreme(Cal) 740

SABYASACHI BHATTACHARYYA
Anand Kumar Agarwal – Appellant
Versus
Ashok Kumar Agarwal – Respondent


Advocates Appeared:
Pankaj Kumar Mukherjee, Adv., Bikramaditya Ghosh, Adv., Avishek Guha, Adv.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The present challenge has been preferred by the petitioners, who are the son and daughter-in-law, respectively, of the opposite party, against an order whereby the Sub- Divisional Officer (SDO), Alipurduar, acting as Chairperson of the Alipurduar Maintenance Tribunal, directed the present petitioners to vacate the suit premises within a month from the impugned order and allowing the opposite party (the petitioner before the Tribunal) to utilize the property as per his own will. In the same order, the local police station was directed to extend all efforts for ensuring the same. Certain ancillary observations were also made in the impugned order.

2. The opposite party filed an application under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act of 2007") and made out a case before the Tribunal that the present petitioners had other properties than the suit premises and had been running a business from the suit premises, which was allegedly started by the present opposite party in the name of his wife (the mother of the petitioner no.1). It was also alleged that the present petitioners were



















































































































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