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2017 Supreme(Ker) 939

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Janardhanan, Konni Taluk – Appellant
Versus
Maintenance Tribunal Appellate Authority & District Collector, Pathanamthitta – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Manu Ramachandran
For the Respondents: M.T. Sureshkumar, R. Ranjith, K. Renil Anto

JUDGMENT :

Dama Seshadri Naidu, J.

Introduction:

1. Mother and daughter fight over a piece of property. Mother claims exclusive right over the property; the daughter, on the other hands, claims to be a co-owner along with the mother. Alleging that she was dispossessed, the mother wants the daughter and son-in-law to be evicted from the property so she could repossess the property.

2. In this appeal, therefore, we are called upon to decide the jurisdictional scope of the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Dispute:

3. The dispute involves a mother and her daughter. Now the daughter along with her husband is before us in this writ appeal assailing the judgment dated 24.03.2017 in W.P.(C) No. 30350 of 2015.

4. To begin with, on 27.05.2013, the mother, the third respondent, filed the Ext.P1 complaint before the Maintenance Tribunal, the second respondent. She contended that her daughter and son-in-law, the appellants before us, had forcefully evicted her from her house and refused to let her in. She also alleged that whenever she tried to enter the house, the daughter and the son-in-law set their dog on her, preventing her entry-reads path












































































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