Parshotam Lal vs Sanjay Kumar & Ors

Wasim Sadiq Nargal, J

The instant petition has been preferred under Article 227 of the Constitution of India by the petitioner for setting aside the order dated 17.08.2023 passed by Respondent No. 3-District Magistrate Kathua in the application titled

“Parshotam Lal vs. Sanjay Kumar & Anr.” filed under Maintenance and Welfare of Parents and Senior Citizen Act 2007.

Mr. Narinder Kumar Attri, learned counsel appearing on behalf of the petitioner submits that the petitioner had filed an application before Respondent No. 3 to direct the S.S.P Kathua to evict Respondent No. 1 & 2 (private respondents) from the house of the petitioner under the Senior Citizen Act and prior to the filing of the aforesaid application, the petitioner had also executed the disinheritance deed disinheriting the private respondents and severing all the relations with them which is also placed on record.

It is further submitted that the private respondents had administer beatings to the petitioner and his wife several times and by resorting such a behaviour they have forcibly ousted the petitioner from the house and also extended the life threats to the petitioner and other family members due to which the petitioner being a senior citizen, is unsafe in his own house had preferred the application for the eviction of private respondents from the house which belongs to the petitioner.

The specific stand which has been advanced by learned counsel for the petitioner is that the Respondent No. 3-District Magistrate Kathua while disposing off the aforesaid application had rejected the same and passed the direction to give separate accommodation/room including kitchen and washroom to the private respondents for living in the said house which was never claimed/prayed by the petitioner and accordingly, the petitioner has preferred the instant petition for setting aside the order dated 17.08.2023 passed by Respondent No. 3 being perverse and result of non application of mind.

The record further reveals that a complaint was preferred by the petitioner before Respondent No. 3-District Magistrate Kathua to direct SSP Kathua to evict the private respondents from the house of the petitioner under the Senior Citizens Act. In the said application, it has been specifically alleged that the petitioner who is the owner of the house situated at Chak Desa Singh, Kathua is an old person of 62 yeears of age and the private respondents who happens to be the son and daughter in law of the petitioner was giving ill treatment to the petitioner and his wife and was not giving any due care and maintenance including medical facility.

It has also been alleged in the said complaint that the accused persons (private respondents herein) treated the petitioner and other family members with cruelty and have also many times beaten the complainant/petitioner herein and his wife and compelled by the circumstances, the petitioner has filed the aforesaid application with a view to direct the concerned SSP to evict the accused persons from the house of the petitioner by taking proper action under law.

Learned counsel for the petitioner further submits that instead of evicting the private respondents from the house of the petitioner, Respondent No. 3-District Magistrate Kathua had allotted separate room/accommodation including kitchen and washroom to the private respondents for living in the said house.

Heard learned counsel for the petitioner at length and perused the material available on record. Prima facie, a case for grant of interim relief is made out at this stage.

Issue notice to the respondents, returnable within four weeks, subject to filing of requisites within one week.

List on 16.02.2024 before the learned Registrar Judicial for completion of service/pleadings.

Meanwhile, subject to objections from the other side and till next date of hearing before the Bench, the order dated 17.08.2023 passed by Respondent No. 3-District Magistrate Kathua in the application titled “Parshotam Lal vs. Sanjay Kumar & Anr.” shall remain stayed.

Alteration/modification/vacation on motion.