JUDGMENT :

Pankaj Bhatia, J.

1. Since both the petitions have been preferred challenging the order dated 13.12.2021 hence both the said writ petitions are being decided by means of the present common order.

2. Heard Sri Anil Tiwari, learned Senior Advocate assisted by Sri Apoorva Tiwari, the counsel for the petitioner and Dr. L. P. Mishra, the counsel for the respondents.

3. The facts in brief giving rise to the present petition are that the petitioners, the son and daughter-in-law of respondent no.6 and the parents of respondent no.7 have filed the present petitions challenging the order dated 13.12.2021 passed by the Sub-Divisional Magistrate, Lucknow in exercise of powers under section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act of 2007') whereby directions have been given to vacate the residential house situate at 2/1-F Vishesh Khand, Gomti Nagar, Lucknow within a period of fifteen days from the date of passing of the said order. The second petition is filed by the son of petitioners challenging the same order. It is argued that the respondent no.6 is the absolute owner of the property no.2/1-F, Vishesh Khand Gomti Nagar, Lucknow which he acquired out of her own funds. In the said property, on the ground floor the respondent no.6 who is aged about 75 years is residing with her husband Sri Manmohan Tiwari, the petitioners who are son and the daughter in law along with the respondent no.7 who is the grand son of respondent no.6 and the son of the petitioners no.1 & 2 along with their daughter are residing on the first floor. It appears that on account of certain disputes that have arisen in between the family members, the petitioner no.1 filed a regular suit no.882 of 2019 against the respondent no.6 and Sri Manmohan Tiwari seeking a permanent injunction against the dispossession of the petitioner no.1 from the property in question. In the said suit, it has been asserted that the property has been purchased out of the sale proceeds of ancestral property of which the petitioner no.1 was also a co-parcener. The said suit is pending consideration.

4. On 30.07.2019, the respondent no.6, the mother filed a first information report under section 323, 504 and 506 IPC at P.S. Vibhuti Khand, Gomti Nagar, Lucknow against the petitioners alleging physical abuse at the hands of the children. On 20.08.2019, the respondent no.6 preferred an application purporting to be under section 21 and 22 of the 'Act of 2007' before the Sub-Divisional Magistrate, which was registered as Case No.59 of 2019. In the said application, which is annexed as Annexure no.8 to the writ petition, it was alleged that the respondent no.6 is the sole owner of the property in question and on 22.07.2019 at about 6.00 am in the morning, the petitioner no.1 along with the petitioner no.2 physically abused the respondent no.6 and tried to cause harm to her physically. With regard to the petitioner no.2, it was also alleged that she had slapped the respondent no.6. In the said application it was further expressed that from 09.05.2019 up to 15.05.2019, the respondent no.6 and her husband were occasioned with the criminal acts for which a written information was given to the Lucknow Police. She, thus, prayed that she be given the possession of the property which is being occupied by the petitioners no. 1 and 2 without her permission. The age of the respondent no.6 in the said application was disclosed as 73 years and that of her husband was disclosed as 75 years.

5. On the basis of the application filed, the Maintenance Tribunal directed the Deputy Collector to submit an inspection report after inspecting the premises in question. He was also directed to obtain the views of the neighbour to ascertain the correct facts. It was also recorded that the inspection along with the statements shall be submitted before the Tribunal on or before 13.09.2021. In terms of the said directions, a report was submitted befo