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2024 Supreme(Ker) 828

BASANT BALAJI
Pramod. V. , S/o. Devu – Appellant
Versus
Vimala. V, D/o. Chirutha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.V.Amaresan S.S.Aravind
For the Respondent: P.P.Ramachandran
For the Other Present : GP Sri. Riyal Devassy

JUDGMENT :

The 2nd respondent, on behalf of the 1st respondent, preferred a complaint before the 3rd respondent seeking eviction of the petitioner from the house owned by the 1st respondent and her sister Prasanna. 16 cents of land in Survey No.94/109 and a house belong to her and to Prasanna and the petitioner is residing there for 13 years with their permission. The 1st respondent wants to sell the property to liquidate her debts, but the petitioner is not surrendering it to her. Therefore, she preferred a complaint seeking a direction to the petitioner to surrender the house. The 1st respondent also filed a suit as O.S. No.116/2020 before the Munsiff court, Thalassery on 9.3.2020 for evicting the petitioner. The petitioner filed a written statement as Ext.P2 on 22.1.2021. While so, the first respondent filed M.C.C.No. 32/2020 before the 3rd respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’) and the 3rd respondent passed Ext.P3 order on 13.9.2021 directing the petitioner to give vacant possession of the building in Survey No.94/109 with the 16 cents of property. It is also directed that the petitioner be granted 4 cents of p

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