VIKAS BAHL
Deepak Kumar – Appellant
Versus
District Magistrate-cum-Appellate Tribunal, Hoshiarpur – Respondent
Judgment
Mr. Vikas Bahl, J.
This is a civil writ petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for setting aside the impugned order dated 05.12.2019 (Annexure P-4) passed by respondent no.1 whereby the petition filed by respondent no.2 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the 2007 Act”) has been allowed.
2. Brief facts of the present case are that respondent no.2, who is the mother of petitioner no.1, had filed an application under Section 23 of the 2007 Act for evicting the petitioners from the house situated at Guru Arjan Dev Nagar, Piplanwali, District Hoshiarpur bearing khasra no.71//1 (6-0), 71//10 (8-0), 71//11/1 (5-10) measuring 5 marlas. It was specifically pleaded in the said application that respondent no.2 was 62 years of age and was also an exclusive owner of the property in question and the jamabandi with respect to the property in question was also annexed. It was further stated in the abovesaid application that respondent no.2 had no source of income and was physically and mentally weak and the petitioners, had on 23.04.2019, abus
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