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2023 Supreme(P&H) 762

VIKAS BAHL
Krishan – Appellant
Versus
Deputy Magistrate-cum-Appellate Tribunal, Panipat – Respondent


Advocates appeared:
Mr. Nagar Singh, Advocate for Mr. Nishant Raj Ghangas, Advocate for the petitioners.

VIKAS BAHL, J.

1. Challenge in the present writ petition filed under Articles 226/227 of the Constitution of India is to the order dated 06.07.2023 (Annexure P-5) passed by respondent No.1, vide which eviction order from the residential house in question has been passed against the petitioners.

2. Sole argument raised by learned counsel for the petitioners is that since the petitioners do not have any other house, thus, the impugned order dated 06.07.2023 (P-5) be set aside and the petitioners be permitted to reside in the said house in question.

3. This Court has heard learned counsel for the petitioners and has gone through the paper-book.

4. Respondent No.5-Darshna Devi, who is a widow of 70 years of age and is the mother of the petitioners, had filed an application under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for directing the eviction of the petitioners from the house in question and to hand over the physical possession of the same and also to pay a sum of Rs.5,000/- per month each i.e. total Rs.10,000/- per month as maintenance /allowance and Rs.22,000/- as litigation expenses. In the application, it was averred by respondent No.5 that vide sale deed dat

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