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IN THE HIGH COURT OF ALLAHABAD
Attau Rahman Masoodi, Jaspreet Singh, Subhash Vidyarthi
Onkar Nath Gaur – Appellant
Versus
District Magistrate/President Appellate Tribunal Lko. – Respondent
JUDGMENT :
Jaspreet Singh, J.
This judgment has been divided into segments to facilitate analysis.
These are:-
| A | Introduction |
| B | Submissions on Behalf of the Petitioner. |
| C | Submissions on Behalf of the State of U.P. |
| D | Submissions on Behalf of the Union of India. |
| E | Submissions on Behalf of the Members of the Bar. |
| F | Discussions and Analysis |
| F.1 | Question Nos. (i) and (ii) |
| F.2 | Question No. (iii). |
| G | Summary and Answers to the Questions Referred. |
A. Introduction
1. Questions of seminal importance arising from The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the “Act of 2007”) are the subject matter of consideration of this Full Bench.
2. More often than not, matters are coming up before the courts arising out of the Act of 2007 where the issue is in respect of the powers of the Maintenance Tribunal or/and Appellate Tribunal to pass an order of eviction of children, relative or any third person from the property of the senior citizen/the parent.
3. There were divergent views amongst the learned Single Judges of this Court. However, what assumed significance was the fact that there were contrary Division Bench decisions as well. In one such matter i.e., petition beari
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