The main legal point established is the court's reliance on the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to protect the well-being of senior citizens and uphold eviction orders in cases of harassment and ill-treatment.

JUDGMENT (Oral)

1. Vide the present Writ Petition the Petitioner seeks to challenge the Order dated 02.06.2023, passed by Appellate Authority, Divisional Commissioner, affirming the Order dated 11.05.2022, passed by the District Magistrate, Shahdara, in Eviction No.26/2021 wherein the District Magistrate has directed the Petitioner herein to vacate the property No.R- X1075, Gali No.3, New Chand Mohalla, Gandhi Nagar, Delhi-32 (hereinafter referred to as `the property in question').

2. The facts of the case reveal that Respondent No.2 herein is the mother of the Petitioner herein. It is stated that Respondent No.2 filed a complaint dated 19.03.2021 with the District Magistrate, Shahdara, Delhi, stating that she is aged about 62 years and is residing at the property in question. It is stated in the complaint that the husband of the Respondent No.2/Complainant passed away in 2004 leaving behind two sons and a daughter. It is stated in the complaint that the younger son of Respondent No.2/Complainant, who lives on the upper floor of the property in question with his wife, harasses her, beats her, threatens to kill her and wants her to vacate the property in question. The Respondent No.2/Complainant, approached the District Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 praying for eviction of her younger son, i.e. the Petitioner herein, from the property in question.

3. The District Magistrate, vide Order dated 11.05.2022 held that the Complainant/Respondent No.2 herein, who is a senior citizen and a parent, was entitled to file the complaint under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as `the Senior Citizens Act'). It was further held by the District Magistrate that the property in question was owned by the husband of the Complainant/Respondent No.2 herein who passed away intestate and the Complainant and her children became equal owners of the property in question. The District Magistrate further held that the Report of the Sub-Divisional Magistrate, which was witnessed by two witnesses, corroborate the version of the Complainant that the Petitioner herein is harassing and ill-treating her. The District Magistrate, therefore, allowed the application of the Complainant/Respondent No.2 and directed the Petitioner herein to evict the property in question.

4. The said Order was challenged by the Petitioner herein before the Appellate Authority, i.e. the Divisional Commissioner, Delhi. Material on record discloses that on 05.09.2022, in an application filed by the wife of the Petitioner herein, the Appellate Authority restrained Respondent No.2 from dispossessing the wife of the Petitioner herein from the property in question except in accordance with the orders of a competent Court. Vide Order impugned herein, the Appellate Authority affirmed the findings of the District Magistrate.

5. Learned Counsel appearing for the Petitioner submits that the Petitioner is prepared to compromise the matter. He places reliance on paragraph No.12 of the Order impugned herein to contend that Respondent No.2 was prepared to sell the property in question and give 1/4th share of the sale proceeds to the Petitioner herein. However, Respondent No.2, i.e. the mother of the Petitioner herein, who is present in Court, categorically stated that she is being ill-treated and harassed by the Petitioner and his wife and that she is not in a position to live with them. Since there is no chance of reconciliation this Court has proceeded further with hearing of the matter.

6. Material on record discloses that pursuant to the directions of the District Magistrate directing the Sub-Divisional Magistrate of the area to conduct an enquiry into the matter and file a report, a report dated 22.10.2021 was filed and the same reads as under:

" SDM REPORT

1. Factual facts of the case based on local en