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Delhi HC Upholds Eviction Of Sons From Father's House For Not Paying Maintenance [Read Judgment]

Apoorva Mandhani
1 Nov 2017 11:13 AM GMT
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The Delhi High Court, on Tuesday, upheld the eviction of two sons from their father's house on account of them not having paid them maintenance as agreed amongst them.

The Court had been petitioned by the sons, challenging the order of eviction passed by the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Tribunal had passed the order in view of the fact that the sons had failed to pay the agreed monthly sum of Rs. 20,000 to their parents.

The order had been challenged contending that the Maintenance Tribunal does not have jurisdiction to pass an order of eviction.

Justice Vibhu Bakhru, however, noted that the Delhi Maintenance and Welfare of Senior Citizens (Amendment) Rules, 2016 expressly empower the Deputy Commissioner / District Magistrate to pass eviction orders from properties belonging to Senior Citizens.

It then refused to interfere with the Tribunal's order and dismissed the Petition.

Read the Judgment Here


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