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MANOJ BAJAJ
Harjit Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. challenge to eviction order under maintenance act. (Para 1) |
| 2. contentions regarding family settlement and will. (Para 2 , 3) |
| 3. eviction order lacks sufficient evidence. (Para 4 , 5) |
| 4. deceased senior citizen's grievance nullified. (Para 6) |
| 5. writ petition allowed, eviction order set aside. (Para 7) |
JUDGMENT
Manoj Bajaj, J.
Petitioner has filed this writ petition under Article 226 Constitution of India for issuance of a writ in the nature of certioari to challenge the order dated 18.05.2018 (Annexure P-8) passed by respondent No.1, whereby claim of senior citizen seeking petitioner's eviction under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was accepted.
2. Learned counsel for the petitioners submits that Jaswant Singh- respondent No.2 filed an application dated 03.03.2017 (Annexure P-2) under the Maintenance Act 2007 against his son Harjit Singh, daughter-in-law- Parwinder Kaur and grandson son- Harniv Singh with the averments that they are out of his control, who do not take care of him, therefore, he had disowned them by way of a publication dated 06.03.2006, and sought their eviction from the residential property, which has been accepte
The Senior Citizens Act empowers senior citizens to seek eviction for their protection, even if there are ongoing civil proceedings regarding property ownership.
The central legal point established in the judgment is the authority of the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to order eviction if necessary and expe....
The Senior Citizens Act empowers the Tribunal to issue eviction orders to protect the rights and welfare of senior citizens, emphasizing the obligation of children to maintain their parents, includin....
The Maintenance Tribunal can decide eviction applications under Section 23 of the 2007 Act, independent of prior orders under Section 22.
Tribunal under Senior Citizens Act may order child's eviction from parent's property sans monetary maintenance claim if essential for senior citizen's residence and normal life, particularly after fo....
Tribunals under Senior Citizens Act can order children's eviction from parent's property without monetary maintenance claim, as 'maintenance' includes residence essential for normal life, per purposi....
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