ORDER :

1. Being aggrieved by the order dated 6.2.2021 passed by the Collector, Raipur in Case No.2/21 (between Neeraj Baghel Vs Sevalal Baghel) whereby the petitioner has been directed to vacate the house within a week under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (henceforth ‘the Act, 2007’) and also the communication dated 29.1.2021 issued by the President, Maintenance Tribunal and Sub Divisional Officer (Revenue), Raipur (for short ‘the Tribunal’) in the case filed by respondent No.4 under Sections 5 and 32 of the Act, 2007 being Case No.03/B-121, year 2019-20, the petitioner has preferred the instant writ petition.

2. Facts of the case are that respondent No.4 has filed an application under Sections 5 & 32 of the Act, 2007, inter alia, claiming maintenance of Rs.10,000/- from the petitioner/son and also eviction from the house No.39/74 situated at Kasaar Gali, Kamasipara, Sadar Bazar Ward, Raipur, ad measuring 603 square feet, alleging that the said house is proprietorship of respondent No.4. Since 2009 the petitioner and his wife are continuously harassing and abusing respondent No.4-father in the filthy language and threatened to oust from his own house and in the month of July, 2017, ousted him from the house. For the said reason, he is presently residing with his elder son. It has been further pleaded that the petitioner is neglecting and refusing to maintain his father in respect of food and treatment and also threatened to lodge an FIR if he enters in his own house. It has been further averred that the petitioner/son is working as In-charge Principal, Government School, Gohrapadar, District Gariyaband and is getting salary of Rs.50,000/- per month and is capable to maintain his father. Hence the application was filed for grant of maintenance of Rs.10,000/- per month and also to evict the petitioner from the house.

3. The petitioner/son has denied the allegations and stated that respondent No.4 is a retired Government servant, who is retired from Food Corporation of India (FCI) and is receiving pension. Therefore, he is capable to maintain himself. It has further been averred that the petitioner is residing with his mother, who is also a senior citizen in the subject premises. The application has been filed only to harass the petitioner and his mother, and civil suit is also pending adjudication before the 2nd Civil Judge, Class-1, Raipur pertaining to the subject property. It has also been averred that the respondent No.4 is having a separate house at Santoshi Nagar in his name, through which he is also getting rental income of Rs.10,000/- and also having agricultural land at village Nakta, Mandir Hasaud, Raipur. In the year 2016, respondent No.4 had sold some agricultural land situated at village Sivni, Abhanpur, for a consideration of Rs.6,54,000/- and the said money was kept in his bank account.

4. The petitioner’s mother has filed an application for maintenance against his father before the family Court in which compromise was arrived at on 13th July, 2019 and in the said settlement, both sons had agreed to pay maintenance to the mother of the petitioner. The petitioner’s family is residing in the said house and he is posted at village Gohrapadar. During festivals and while on leave, he used to come to meet and reside with his mother and family. The father has moved such application with ill motive. So, he prayed to dismiss the case.

5. Learned Tribunal after holding enquiry and being satisfied that the petitioner is neglecting and refusing to maintain respondent No.4 and also causing nuisance and harassing his father, passed the order dated 29.1.2021 directing to pay maintenance of Rs.5,000/- per month and also eviction order was passed. Against the said order, the petitioner/son has preferred an appeal before the Collector, in which the order was passed on 6.2.2021 directing the petitioner to vacate the house within a week. Hence the present petition has been filed.

6. Learned counsel fo