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VIKAS BAHL
Pardeep Kumar – Appellant
Versus
Additional District Magistrate Patiala – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
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 quashing the impugned order dated 26.03.2019 (Annexure P-6) passed by respondent No. 1 whereby the application filed by respondent No. 2 was allowed and the petitioner was directed to vacate the house in question.
2. Brief facts of the present case are that respondent No. 2, who is a senior citizen and is stated to be handicapped, had filed an application dated 17.04.2018 under Section 22(2) of the Maintenance and Welfare of Parents & Senior Citizens Act, 2007 read with its Rules for the protection of her life and property with respect to House measuring 51 square yards situated in Bank Street, Nabha, District Patiala, Police Station Kotwali Nabha, on the plea that respondent No. 2 is the owner in possession of the house in question and a suit for declaration has been decreed vide judgment dated 08.09.2016 (Annexure P-1) declaring her to be the owner of the said property. It was averred that the present petitioner, who is the brother of respondent No. 2, had threatened the respondent No. 2 that he would ki
The Senior Citizens Act empowers senior citizens to seek eviction for their protection, even if there are ongoing civil proceedings regarding property ownership.
The main legal point established in the judgment is the authority of the Tribunal under the 2007 Act to pass an order of eviction to ensure the maintenance and protection of senior citizens, as empha....
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 authority of the Tribunal under the Senior Citizens Act, 2007 to pass an order of eviction for the maintenance and protection of the senior citizen or parent.
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....
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....
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