JUDGMENT :

Arup Kumar Goswami, J.

1. This writ appeal is directed against an order dated 23.03.2022 passed by the learned Single Judge in WP(C) No. 753 of 2022, dismissing the writ petition and relegating the appellant to avail the remedy of appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘Senior Citizens Act, 2007’).

2. The writ petition was filed praying for quashing an order dated 27.11.2021 passed by the Maintenance Tribunal and Sub Divisional Officer (Revenue) Durg, for short, Tribunal, whereby, direction was issued for eviction of the petitioner from the house of the respondent No. 2. Prayer was also made to issue a direction to unseal/unlock the room of the petitioner and allow her to continue to stay at House No. 1528, Street No. 34, Vivekananda Colony, Shanti Nagar, P.S./Vaishali Nagar, Bhilai (for short, ‘the premises’).

3. The petitioner is the daughter-in-law of respondent No. 2 and wife of respondent No.3.

4. The respondent No. 2 had filed an application under Section 23 of the Senior Citizens Act, 2007 with a prayer, either to direct the petitioner and the respondent No. 3 to take care of him or to evict the petitioner and respondent No. 3 from the premises.

5. It is stated in the application under Section 23 of the Senior Citizens Act, 2007, that he has four children, namely, Devashish Rai, Goutam Kumar Rai, Sagarika Bose and Madhulika Das and that he is residing in the premises since 1975. The premises has total of six rooms and it was agreed by the family members that two rooms would be utilized by respondent No. 2 and remaining four rooms would be let out. It was further agreed between the family members that respondent No. 3 would take care of the respondent No. 2 in his old age and in return of the same, respondent No. 3 would have right over the premises. It was also agreed upon that if there was failure or deficiency in taking care of the respondent No. 2 in his old age, then the premises would be divided equally among the respondent No. 3 and two daughters as the elder son had already taken his share in the family property three/four years back and a gift deed was executed in his favour. It is averred that after marriage of respondent No. 3 with the petitioner in the year 2012, the respondent No. 3 stopped taking care of the respondent No. 2 and the petitioner was also creating nuisance and not taking care of respondent No. 2 by giving proper food and medicines.

6. On the basis of the application under Section 23 of the Senior Citizens Act, 2007, Case No. 202103100400156 A-74/2020-21 was registered on 06.03.2021.

7. The Tribunal passed an ex-parte order of eviction against the petitioner on 27.11.2021. Subsequently, a warrant was issued on 27.12.2021, directing the petitioner to vacate the premises on or before 31.12.2021, failing which it was indicated that on 05.01.2022, she would be forcefully evicted from the premises with police force and assistance of Bhilai Municipal Corporation.

8. The petitioner could not make any alternative arrangement within the time specified and she was forcefully evicted on 05.01.2022 by the Additional Tehsildar, Bhilai Nagar, respondent No. 4, and the room in which she was staying was locked/sealed along with her belongings.

9. It is pleaded in the writ petition that notice of the application of the respondent No. 2 was not received by her and the same was received by the respondent No. 3, who, it transpires, filed reply making various allegations against the petitioner. It is also stated that there is a conspiracy between her husband i.e. respondent No. 3 and his elder brother Devashish Rai, to oust her from the premises. The petitioner had lost her parents long back and it is stated that she along with her minor son somehow could take refuge in the house of her sister at Charoda.

10. The respondent No. 3, in the reply filed, stated that the petitioner had appeared before the Tribunal on 10.08.2021 and 05.10.2021.

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