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2023 Supreme(MP) 826

PRANAY VERMA
ANIL s/o DASHRATHJI CHOUPDA – Appellant
Versus
SUBHADRA w/o LATE DHASHRATHLALJI CHOUPDA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G. K. Patidar
For the Respondent: Vishal Lashkar, Shantanu Chourasia

JUDGMENT :

1. By this petition preferred under Article 227 of the Constitution of India, the petitioners have challenged the order dated 22-7-2022 (Annexure P/1) passed by the Collector, District Ratlam affirming the order dated 28-3-2022 (Annexure P/2) passed by Sub Divisional Officer, Ratlam (City), Ratlam whereby application filed by respondent No. 1 seeking re-entry to the disputed house under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act, 2007’) had been allowed.

2. Facts in brief are that respondent No. 1 filed an application before the Sub-Divisional Officer, the Tribunal constituted under section 7 of the Act, 2007. As per her, she is widow of Late Dashrath Chopda and was residing in the disputed house along with him which was their self acquired property and was in their joint possession. During life time of her husband, they had executed a joint Will on 18-1-2014 with respect to the disputed house as per which upon death of either of them, the survivor was to become the sole owner thereof. Thus, upon death of her husband, she became the sole owner of the disputed house and was in its possession but in

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