The court affirmed that eviction of children from parental property is justified when evidence of ill-treatment towards senior citizen parents is established, supporting the purpose of welfare legislation.

JUDGMENT

Prathiba M. Singh, J. (Oral)--The present petition challenges order dated 7th October, 2020 passed by the District Magistrate, North-East Delhi, by which the Petitioners have been evicted from property bearing No. 833, Gali No. 8, Old Mustafabad, Delhi-110094 (hereinafter, `suit property'), as well as interim order dated 21st December, 2020, by which the application for interim relief has been rejected by the Divisional Commissioner.

2. The brief background is that the Petitioners are the son and daughter-in-law of the Respondent. The Respondent filed an eviction petition before the District Magistrate under the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules (Amendment) Rules, 2016. Vide order dated 7th October, 2020, the ld. District Magistrate observed that this was a case of ill-treatment and misbehaviour with the Respondent by the Petitioners and accordingly, directed the Petitioners to vacate the suit property within 30 days. The operative portion of the order reads as under:

"After carefully pursuing the matter, it can be said that the applicant had raised the allegation of ill-treatment during hearing of case but opposite parties had miserably failed to rebut the allegation of ill treatment. Thus, the third issue also stands establishes favour of the applicant.

Lastly, Even if the opposite parties wants that undersigned authority may consider their plea that eviction order should not be passed for concern of opposite party and their minor kids. In any case, if this plea is allowed to be considered, then subsequently in every such case the eider parents will have to face burden of their son(s) and daughter in law and legal heir for non maintenance and ill-treatment and no order for eviction would be passed. This is not the Scheme of the present act and it is meant for maintenance man welfare of parents and senior citizens. The senior citizens do have a cants enjoy peaceful possession of property which is protected under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (as amended up to date) act and rules under Delhi Maintenance and Welfare of Parents and Senior Citizens Rules (Amendment) Rules, 2016 especially when their children ill-treat them.

In view of the above, I am of the view that since this is a case of ill treatment and misbehaviour with the applicant by the opposite parties, it would be appropriate to pass an eviction order against the opposite party(s) Sh. Raju and SMt. Nishi. The minor kids who were living with support of parents i.e. opposite parties and present order of eviction which is passed against their parents is also applicable to them in the light of settled law as discussed in Writ petition.(C) 347/2018, AAPSHYA SULATI (THROUGH: NEXT READ MRS, DILYA GULATI) AND ORS. versus GOVERNMENT OF NCT DELHI AND Ors., decided by Hon'ble High Court of Delhi vide order dated.

I, therefore, in exercise of the powers conferred 5905(sic) me under The Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2015 The Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, hereby direct the opposite parties namely sh. Raju and Smt. Nishi to vacate the part property in question within 30 days from the date of order and handover the vacant and peaceful possession to the application.

The Deputy Commissioner of police, District North East shal take coercive measurers to enforce the eviction order through SHO concerned to handover the possession of property in question to the applicant within 07 days, if the opposite parties failed to evict the premises on their own within the time specified as above. A compliance report of the s