This intra Court appeal takes exception to order dated

10.02.2021, passed by the learned Single Judge in Writ Petition No.

2679 of 2020, whereby, petition filed by the appellants has been

dismissed.

2.

The facts of the case are that the appellants are husband and

wife respectively. The respondent No.1-Smt. Indu Bai is the mother

of appellant No.1-Ganesh and respondent No.2-Smt. Padma Bai is the

sister-in-law (Aunt) of the respondent No.1. Both the respondents are

widows. The respondents approached the Tribunal constituted under

the provisions of Maintenance and Welfare of Parents and Senior

Citizens Act, 2007 (hereinafter referred to as the ‘Act of 2007’ for

short), with an application stating therein that they were peacefully

residing in the house owned by them and after death of the husband of

respondent No.1 on 13.08.2018, the appellant No.1 has started

harassing the respondents. It has also been alleged that the appellant

No.1 ousted the respondents from the house and since then

respondents were residing elsewhere. It was, therefore, prayed that

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appellants be evicted from the house while putting the respondents in

possession of the said house with further prayer to direct the

appellants not to interfere into the possession of respondents from the

house in question.

3.

The appellants filed reply to the said application and denied the

allegations. On 06.08.2020, the Sub Divisional Officer (hereinafter

referred to as the ‘Tribunal’ for short) after recording the evidence of

parties, came to the conclusion that during his life time, the husband

of the respondent No.1 had purchased land admeasuring 600 sq.ft over

Khasra No.918, by a registered sale deed dated 22.07.2007, thereupon

house was constructed. The Tribunal, therefore, in exercise of the

powers vested under the Act of 2007 vide order dated 06.08.2020

directed that within a period of thirty days, the house of the respondent

No.1 be vacated by the appellants, failing which the concerned Police

Station was directed to ensure the compliance of the said order.

Against the order passed by the Tribunal the appellants approached the

appellate Authority i.e. Collector Khandwa, who vide order dated

06.09.2020 dismissed the same on the ground that Section 16 of the

Act of 2007 only provides a remedy of appeal to a senior citizen or a

parent aggrieved by an order of Tribunal. Since the appeal was not

found to be maintainable at the instance of appellants, therefore, the

same was dismissed. The appellants, therefore, filed Miscellaneous

Petition before this Court, which has also been dismissed by the

learned Single Judge. Hence, the appellants are in the present intra

Court appeal.

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4.

After issuance of the notice, this Court vide order dated

09.03.2021, stayed the operation of impugned order on the following

conditions :-

“(1)

That the appellant No.1 Ganesh shall pay

Rs.5000/- within first week of every month commencing

from first week of April, 2021 in the bank account of his

mother Smt. Indu Bai (respondent No.1 herein), the

details whereof shall be communicated to the appellants

by her within a week.

(2)

That the appellants shall allow the respondent

No.1 mother and respondent No.2 aunt to come back to

the disputed house and shall not create any

hindrance/obstruction of use of the property by them.

(3)

That subject to the compliance of above two

conditions, the appellant No.1 shall be allowed to

continue to occupy one room of the house with his family

where he is presently residing.”

5.

On 01.02.2022, we found that possibly the dispute can be

resolved amicably between the parties, therefore, the matter was

referred to Mediation Center at Khandwa. However, vide

communication dated 05.03.2022, from the Mediation Center we

gathered that the mediation remained unsuccessful.

6.

Learned counsel appearing for appellants submits that in

absence of specific provision for eviction, the Tribunal should not

ha