JUDGMENT

Manmohan, J. The primary issue that arises for consideration is whether the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "Act 2007") provides the sole remedy of monetary maintenance by the children/relative and/or does it provide for eviction of adult children in cases of parental abuse?

2. It is pertinent to mention that the present writ petition has been filed by Mr. Sunny Paul and Mr. Victor Dass, two sons of respondents No. 2 and 3 challenging the order dated 01st October, 2015, passed by the Maintenance Tribunal (Central District) Delhi, under the Act 2007 whereby both the petitioners along with their respective family members were directed to vacate House No.19A, Raj Niwas Marg, Civil Lines, Delhi-110054 (hereinafter referred to as "the property").

3. The admitted facts are that the Baptist Church Trust Association (hereinafter referred to as "BCTA") is the absolute owner of the property.

4. Initially the property was allotted by BCTA to Mr. Andrew Jacob, who was in their employment. In 1990, Ms. Suman Gaur who is the daughter of respondents No. 2 and 3, began residing in the property with permission from Mr. Andrew Jacob.

5. In 1995, Mr. Andrew Jacob died but Ms. Suman Gaur continued to live in the property with the permission of the BCTA.

6. In 2002, respondent No.3-father of the petitioners and Ms. Suman Gaur became an employee of the BCTA, and was allotted the property by BCTA.

7. Respondent No. 3 was employed with BCTA from 2002 till 2012, during which time respondents No. 2 and 3 were permitted by BCTA to reside in the property. Subsequently, BCTA filed a suit for taking over possession of the property, which is still pending. Even the petitioners have admitted in the present writ petition and in their response to the show cause notice before the Maintenance Tribunal that respondents No. 2 and 3 are tenants in the property.

8. Moreover, BCTA, which is the lessor paramount of the property, does not acknowledge any claim of the petitioners to the property, and has stated that the petitioners could claim only as children/legal representatives of W.P.(C) 10463/2015 Page 2 of 51 respondents No. 2 and 3. Consequently, the legal possession of respondents No. 2 and 3 is not disputed by either BCTA, which is the lessor paramount, or by the petitioners.

9. In the petition filed under the Act, 2007, it was alleged that both the petitioners had physically assaulted, mal-treated and harassed the elderly and sick parents. It was averred that petitioner No.1-Sunny Paul is an alcoholic, whose services had been terminated by the Delhi Police on the ground of mis-conduct and who had been convicted in a fraud case and against whom a number of police complaints are pending in different police stations. It was further averred that senior citizens had already disowned and disinherited both the petitioners by way of publication in newspapers.

10. The Maintenance Tribunal by a detailed order directed the petitioners to vacate the property within ten days. The SHO, Police Station Civil Lines was directed to ensure enforcement/compliance of the said direction and to ensure that life and property of the senior citizens was secured and no harassment was caused to them by the petitioners and their families. The relevant portion of the impugned order is reproduced hereinbelow:

"From the record and documents filed by both the parties herein it is very much clear that parties are at loggerheads for last few years or to say since the time the respondents forcefully occupied the rooms of the petitioners by break opening the locks and started giving mental tensions, harassment and threats to the petitioners. The petitioner No.1 is suffering from life threatening disease of Cancer and had to undergo Mastectomy Right Side. Petitioner No.2 and eighty seven year old senior citizen is also suffering from hypertension, and renal diseases. During the course of proceedings