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2021 Supreme(Del) 1868

PRATHIBA M. SINGH
Amit Kumar – Appellant
Versus
Kiran Sharma – Respondent


Advocates appeared:
Vishal Sharma, Advocate, Saumya Tandon, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done by video conferencing.

2. The present petition challenges order dated 18th August, 2020 passed by the ld. Additional District Magistrate (hereinafter, "ADM") under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter, "Act").

3. Ld. counsel for the Respondents relies upon the judgment of the Punjab & Haryana High Court in Paramjit Kumar Saroya v. The Union of India & Anr.,2014 SCCOnLineP&H 10864 as also the recent order of a ld. Single Judge of this Court in Naveen Kumar v. GNCTD & Ors. [W.P.(C) 1337/2020, decided on 5th February, 2020. to argue that the Petitioner has an alternative remedy to approach the Tribunal.

4. Ld. counsel for the Petitioner, on the other hand, submits that the Petitioner's father had three properties, one in Rohini, one in Najafgarh and one in Munirka. Insofar as the Najafgarh property is concerned, the same was purchased in Respondent No.1's name and the Munirka flat, which is the property in issue, was gifted to the Petitioner. Thus, the impugned order, which allows Respondent No.1 to reside in the Munirka property, is not tenable.

5. Heard counsels for the parties. Secti

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