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2022 Supreme(Raj) 347

SAMEER JAIN
Suresh Sharma – Appellant
Versus
Dhanwanti Sharma – Respondent


Advocate Appeared:
For the Appellant :Deepak Sharma, Advocate.
For the Respondents:Ashok Mehta, Sr. counsel assisted by Mudit Singhvi, Advocates.

JUDGMENT/ORDER :

Sameer Jain, J.

1. The present writ petition under Article 226 & 227 of the Constitution of India is filed by the petitioners against the order dated 08.03.2019 passed by the Maintenance and Welfare of Parents and Senior Citizen Tribunal (S.D.O.) Jaipur City, Jaipur whereby, petitioners were directed to vacate the premises and the rights of respondent mother were restored.

2. Learned counsel for the petitioners submits that the respondent is mother of petitioner No. 1 and mother-in-law of petitioner No. 2, whose husband was Army Colonel, who passed away in the year 2003 bequeathing all movable and immovable properties in favour of the respondent by way of will prior to his death. The respondent has three sons and one daughter. In the year 2004, the respondent purchased a house bearing No. 264, Army Welfare Housing Organisation Colony, Ambabari, Jaipur (hereinafter referred to as 'AWHO Colony' which is registered in her name. The said property, referred to as 'disputed property', has two floors consisting of two bedrooms, one dining room-cum-drawing room, one kitchen and two washrooms on both ground floor and first floor.

3. The petitioner has averred that in the year 2

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