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MANOJ BAJAJ
Deepak Kumar Gupta – Appellant
Versus
Additional Deputy Commissioner-Cum-Sub Divisional Magistrate, Ludhiana – Respondent
| Table of Content |
|---|
| 1. background of family relationships and property ownership. (Para 2) |
| 2. procedural history and petitioner's defense. (Para 3 , 4) |
| 3. arguments regarding neglect and eviction petition. (Para 5 , 6) |
| 4. lack of essential averments in eviction application. (Para 8) |
| 5. writ petition allowed; impugned order set aside. (Para 9 , 10) |
JUDGMENT
Manoj Bajaj, J.
By means of this writ petition under Article 226 Constitution of India petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 28.12.2018 (Annexure P-3), whereby application moved by respondent No.2 under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was accepted and petitioner was ordered to vacate the residential property.
2. Briefly, the facts leading to the writ petition are that Prem Chand Gupta-respondent No.2 was initially married to Chameli Devi and out of this wedlock, petitioner-Deepak Gupta and his brother, namely, Ajay Gupta were born, but after demise of Chameli Devi in the year 2000, respondent No.2 performed marriage with Indu Gupta in the year 2004, who was already having son, namely, Amit Gupta from her first marriage. Respondent No.2 alon
The Senior Citizens Act empowers senior citizens to seek eviction for their protection, even if there are ongoing civil proceedings regarding property ownership.
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 and Welfare of Parents and Senior Citizens Act enables eviction of children from a parent's self-acquired property when there are credible allegations of harassment, emphasizing the p....
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 permits eviction of children from self-acquired property of parents when allegations of abuse justify such action to ensure their ....
The Maintenance and Welfare of Parents and Senior Citizens Act permits eviction of children from parental property if their presence poses a threat to the safety and dignity of senior citizens, refle....
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