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2024 Supreme(P&H) 150

DEEPAK MANCHANDA, DEEPAK SIBAL
Naresh Kumar – Appellant
Versus
Appellate Tribunal, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Respondent


Advocates appeared:
For the Parties : Mr. Arpandeep Narula

Judgment

Mr. Deepak Sibal, J.

Respondent No.3 is about 72 years old. He is the father of appellant No.1 and father-in-law of appellant No.2. Respondent No.3 filed an application before the District Magistrate, Gurugram (for short – the Magistrate) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short – the Senior Citizens Act). Through his application respondent No.3 sought the eviction of the appellants from the house that he owned.

2. In his application the grounds taken by respondent No.3 were that he was a senior citizen who had retired from the Indian Air Force; he owned the property from which he was seeking the appellants’ eviction; the appellants had made respondent No.3’s life miserable; on several occasions, the appellants had used foul language and said filthy words to him as also attempted to physically beat him; the appellants used to threaten respondent No.3 that they would throw him out from his own house; appellant No.1 is a car mechanic/technician and was using the property in question (a residential property) for commercial purposes; thus, creating nuisance in the peaceful life of respondent No.3; a complaint had been made by responden

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