IMPORTANT POINT
The Senior Citizens Act, 2007 allows for eviction of children from the property of senior citizens to ensure their maintenance and protection.

JUDGMENT :

Mr. Vikas Bahl, J. (Oral) : Present writ petition has been filed under Article 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction in the nature of certiorari for setting aside/quashing the order dated 27.01.2021 (Annexure P-4) passed by respondent No.1, vide which, order dated 15.09.2020 (Annexure P-2) passed by respondent No.2/SDM, Dhuri, District Sangrur has been set aside.

2. Brief facts of the case are that respondent No.3, who is a senior citizen and is the father of the petitioner, had filed an application to the SDM-cum-Maintenance Tribunal dated 13.09.2019 (Annexure P-1) for vacation of the premises in question. In the said application, it had been stated that respondent No.3 was the owner of the property in question, on which he had constructed a Gurudwara i.e. Gurudwara Dukh Bhanjan Sahib near Punchvati Mandir, Dhuri and stated that the petitioner was in bad company and since 1990 he had no relations with respondent No.3 and when respondent No.3 was unwell in the year 2011, it is the people of the locality, who took care of him and when the respondent No.3 was admitted in CMC Ludhiana in the year 2011, the petitioner took illegal possession of the said property and even tried to sell it further. It is prayed by respondent No.3 that the possession of the said property be handed over to respondent No.3.

3. Learned counsel for the petitioner has submitted that no reply to the said application was filed, but has submitted that statements of the petitioner as well as respondent No.3 were recorded by the SDM, Dhuri on 09.09.2020, which have been reproduced in para Nos.4 and 5 of the petition. In the said statement dated 09.09.2020 of the present petitioner, such facts have been stated which show that there was a dispute between the petitioner and respondent No.3. It has been stated by the petitioner that his daughter told him that respondent No.3 had given a leg blow to his wife and since then there was a misunderstanding between them and that respondent No.3 never came for the Bhog Ceremony of his wife. In para No.4 of the writ petition, statement of respondent No.3 has been reproduced, who had specifically stated that the present petitioner was not allowing him to stay in the property in question and in spite of the fact that he had undergone four operations, the petitioner never took care of him.

4. The SDM, Dhuri, observed that respondent No.3 was the owner of the property by virtue of the sale deed No.2630 dated 04.12.2008, but without any justifiable reason, did not allow the application for eviction. Respondent No.3 filed an appeal before the Appellate Tribunal-cum-District Magistrate, Sangrur, who vide order dated 27.01.2021, allowed the said appeal and ordered that the possession of the land in dispute be handed over to respondent No.3. In the said order, it has been observed that respondent No.3 was the owner of the property in question and the present petitioner was in unauthorized occupation. It is the said order, which is the subject matter of challenge in the present writ petition.

5. On 09.03.2021, a Co-ordinate Bench of this Court was pleased to issue notice on the arguments raised by learned counsel for the petitioner that there was a possibility of an amicable resolution of the dispute between the petitioner and respondent No.3. The said order dated 09.03.2021 is reproduced herein below: -

“This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.

Learned counsel for the petitioner submits that there is a possibility of an amicable resolution of the dispute as petitioner being the son of respondent no.3 is ready and willing to serve his father as per terms and conditions which may be set by respondent no.3.

Notice of motion, to explore possibility of an amicable resolution of the dispute at this stage.

Mr. Abhay Pal Singh Gill, Asst. A.G., Punjab, accept notice on behalf of respondents no.1 and 2.

Notice b