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2017 Supreme(P&H) 2329

RAKESH KUMAR JAIN
AMAR CHAND SHARMA – Appellant
Versus
PRESIDING OFFICER - CUM - DISTRICT MAGISTRATE - CUM - CHAIRMAN – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Siddharth Gupta, Advocate.
For the Respondent: Mr. Ashok Muthreja, DAG, Haryana.

JUDGMENT :

RAKESH KUMAR JAIN, J.

1. This petition is filed to challenge the order dated 16.05.2017 passed by the Chairman, Appellate Tribunal-cum-District Magistrate, Ambala by which order dated 03.10.2016 passed by the Presiding Officer-cum-Sub Divisional Magistrate, Maintenance Tribunal, Ambala has been set aside vide which the respondent No. 3 Smt. Sonal Sharma was ordered to be evicted from the house in question.

2. In short, respondent No. 3 is married to respondent No. 2. The petitioners are the parents of respondent No. 2 who have filed an application under sections 4, 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007(in short 'the Act'). The said application has been allowed by the Maintenance Tribunal against respondents No. 2 and 3 directing them to vacate the first floor of the house in question within a period of one month. Aggrieved against the said order, respondent No. 3 has filed the appeal before the Appellate Tribunal-cum-District Magistrate, Ambala which has been allowed vide impugned order dated 16.05.2017.

3. Learned counsel for the petitioners has submitted that the impugned order is patently illegal and deserves to be set aside.

4. O





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