The main legal point established is the need for a harmonious construction of the Senior Citizens Act and the Domestic Violence Act, ensuring that the rights of both parties are given due consideration.

JUDGMENT

Subramonium Prasad, J.

1. The present LPA has been filed seeking setting aside of the Order dated 23.09.2022 passed by the learned Single Judge in WP (C) 7441/2021. Through this impugned Order, the Ld. Single Judge has upheld and confirmed the order dated 09.07.2021 passed by the Ld. Divisional Commissioner/Appellate Authority under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 ("Senior Citizens Act, 2007") and its amended rules in Appeal no. 267/2020 which in turn rejected the appeal of the Appellant herein preferred against order dated 20.10.2020 passed by the Ld. District Magistrate who took cognizance of the complaint and allowed the application filed by the Respondent No. 1 herein under the Act, ordering for eviction of the Appellant from property at Plot No.8-A, Block- A-1, Venoba Bhave Enclave, Main Bahadur Garh Road, Nazafgarh, Delhi- 110043 ("disputed property"). The Appellant herein is the widowed daughter-in-law of the Respondent No. 1. This appeal, at present, is in the third round of litigation.

2. Shorn of details, the facts leading to the present LPA are as follows:

i. The Appellant herein, Saraswati Devi, is the widowed daughter- in-law of Sh. Ganga Ram Sharma (Respondent No. 1 herein). The Appellant consummated her marriage with the Respondent's younger son namely, Sh. Bhawani Shankar Sharma in 2004.

ii. In 2010, the parents-in-law sold the ancestral property at Tri Nagar, and acquired the present property from the sale proceedings of the ancestral property.

iii. The disputed property at Nazafgarh which is also the Appellant's matrimonial home, is described to consist of two floors, with two rooms, a kitchen and a bathroom on each floor. It is stated that the parents-in-law are in occupation of the second floor, while the appellant herein and her deceased husband resided in one of the rooms on the ground floor. The Appellant's husband died of multiple organ failure on 17.12.2013.

iv. It appears that after the Appellant's husband's death, relations between the parties deteriorated and turned acrimonious. The Respondent continued to reside on the ground floor in the disputed property. With time, it is stated that disputes between both parties became un-resolvable on account of the discord between them.

v. On 04.02.2019, the Respondent No. 1 herein, filed an application before the Ld. District Magistrate being the designated authority under the Maintenance and Welfare of Parents and Senior Citizens Act and Rule 22(3)(i) of its accompanying rules as amended from time to time, for getting his daughter in law evicted from the property in question on the grounds ill treatment and non maintenance. The Respondent in the complaint has stated that him along with his family were being subjected to constant mental and physical torture, and harassment, at the hands of the Appellant herein.

vi. Ld. District Magistrate (South West) took cognizance of the application in case no. 1/5/2019 and initiated summary proceedings. Vide Orders dated 16.05.2019 and 03.07.2019, the SDM, HQ, was directed to conduct enquiries into the matter and submit a report with their findings. The SDM, HQ duly submitted enquiry reports after conducting enquiries at the location of subject property and returned his findings in submitted a report in the enquiry, after visiting the suit premises and conducting enquiries.

vii. Thereafter, the SDM submitted another enquiry report as directed by the Ld. District Magistrate, wherein it is opined that the property be equally divided between the Appellant herein and the Respondents, to avoid any conflict in the future.

viii. The Ld. District Magistrate framed directions for eviction of the Appellant herein vide an order dated 22.10.2020, on the grounds of non-maintenance and ill treatment of the Respondent in-laws.

Further, the Ld. District Magistrate noted that Appellant was the cause of great mental disturbance to her parents-in-law and routinely issued threats of making out a false c