JUDGMENT :

(Vikas Bahl, J.)

Challenge in the present writ petition filed under Articles 226/227 of the Constitution of India is to the order dated 14.09.2022 passed by the Maintenance Tribunal-cum-Sub Divisional Magistrate, Bhadurgarh, District Jhajjar (Annexure P3), whereby, the application under Section 22 of the Maintenance & Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as `Act of 2007') moved by respondents No.3 and 4 has been allowed. Challenge is also to the order dated 09.05.2023 passed by the Appellate Tribunal-cum-Deputy Commissioner, Jhajjar, whereby the appeal filed by the petitioner has been dismissed.

2. Learned counsel for the petitioner has submitted that the impugned orders are illegal and deserves to be set aside on two grounds, firstly that the property in question i.e., House No.125, Gali No.2, Shankar Garden, Line Paar, Bahadurgarh, Tehsil Bahadurgarh, District Jhajjar is not exclusively owned by respondent No.3 and the petitioner has a share in the same as the same is ancestral property inherited by the respondent No.3 from his forefathers. Secondly, it is submitted that respondents No.3 and 4, who are the mother and father of the present petitioner, are residing in House No.124, which belongs to the brother and sister of the petitioner and are not residing in the house from which the eviction is sought, which is House No.125 and thus, respondents No.3 and 4 have no right to seek eviction of the petitioner from the said House No.125.

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

4. Respondents No.3 and 4, who are both senior citizens, have filed an application/complaint (Annexure P1) under the Act of 2007 with the averments that they are the old parents of the present petitioner and that respondent No.3 had purchased a plot measuring 100 sq. yards at Shankar Garden, Line Par Bahadurgarh, District Jhajjar, vide sale deed No.9524 dated 23.03.2007 and constructed a house on the said plot with his hard earned money and the water and electricity connection were also in his name. Copy of the sale deed and bills of water and electricity were annexed alongwith the application (Annexure P1) by respondents No.3 and 4, as is apparent from para No.2 of the said application. It was further averred in the said application that respondents No.3 and 4 had facilitated the marriage of their son i.e., petitioner No.1 with respondent No.5, namely, Manisha, but after some time, the petitioner and his wife (respondent No.5) started quarrelling with respondents No.3 and 4 and started pressurizing them to execute sale deed of the house in question in favour of petitioner and respondent No.5 and to harass respondents No.3 and 4, the petitioner and respondent No.5 had filed a complaint dated 03.08.2019 in the Police Station. It was further averred that neither the petitioner had ever paid the electricity bill or the water charges nor provided any basic amenities such as food, cloth and medicine to his old parents. In para No.6 of the application, it had been specifically averred that on 18.03.2022, petitioner and respondent No.5 began quarrelling with respondents No.3 and 4 and had beaten up respondent No.4 and the whole incident was recorded in a CCTV camera. The details of subsequent harassment suffered by respondents No.3 and 4 have been mentioned in para No.7 of the said application. It was also averred that the petitioner was in unauthorized possession of the house in question and inspite of several requests, neither the petitioner was leaving the house nor was providing basic amenities to respondents No.3 and 4. I