CT,

DEPUTY COMMISSIONER/DISTRICT MAGISTRATE, SOUTH EAST DISTRI

GOVT. OF NCT OF DELHI, OLD GARGI COLLEGE BUILDING,
LAJPAT NAGAR-IV, NEW DELHI-110024.
(Tel. 011-26476402 & 03)
No. pM/SE/272/2019 / Le-2y Date o » Josh ony
Case No. 272/2019
Case ID No. 22859

IN THE MATTER OF:

veces APPLICANT
SH. B.R. VERMA

VERSUS

vasssees RESPONDENTS
SH. MANOJ KUMAR & ANR.

Present: Applicant in person alongwith counsel.

None for the respondents.

ORDER
Citizens have filed an application dated 09.07.2019
1. The applicants/Senior

under Section 21 and 23 of the Senior Citizen Act for seeking eviction of
in Village Hari Nagar, P.O. Badarpur, New
respondents from the property

Delhi-110044.
ndent no. 1 is the son
2. The applicant in the application submitted that respo
applicant owned a
and the respondent no. 2 is the daughter-in-law and the
ndents to reside on
residential house having two floors and allowed the respo
in occupation of the
the ground floor since eight years. The portion which is
and garage and the
respondents comprises 3 Bedrooms, 1 kitchen, bathroom

applicant is residing on the first floor of the house.

that the respondents have been harassing and
3. The applicant submitted
the result that it has
causing un-bearable mental torture to the applicant with
that the respondent
started affecting the health of the applicant and not only
property in her name,
no. 2 threatens that if the applicant did not transfer the
the applicant in dowry and harassment cases
she would falsely implicate
submitted that inspite of
under section 498A and other sections of IPC. It is
to vacate the premises,
repeated request by the applicant to the respondents
 instead, the degree of harassment and
the same had no effect on them,

torture is increasing day by day.

their reply and submitted that all
On the other hand, respondents have filed
are baseless and the complaint is
the allegations leveled by the applicant
ectures and not maintainable. The
based on false facts, surmises and conj
in question is not the self acquired
respondents submitted that the property
tral property and they live on the
property of the applicant, it is an ances
the First Floor of the property as per
Ground Floor and the applicant lives on
has taken all his belongings from the
the family settlement and the applicant
lement. It is submitted that there are
ground floor at the time of family sett
property and the respondent no. 2
separate stairs to go the first floor of the
him false and frivolous cases.
never threatened the applicant to implicate
for the respondents. However, the
The case was called, none has appeared
application for the adjournment but
counsel for the respondents has filed an
urnment. The record shows that the
not present to submit the request of adjo
the year 2019 and it seems that the
matter was filed by the senior citizen in
The application filed by the counsel
respondents wants to delay the matter.
matter was heard ex-parte qua the
for the respondents is not allowed. The

respondents.
and submitted that the applicant is
6. The applicant has advanced the argument
and was also the member of the
a respectable member of the society
in a fear of life and the respondents
Consumer Forum and is forced to live
cant. It is further submitted that the
have spoiled the reputation of the appli
ondent no. 1 and know about his
applicant first makes the call to the resp
mation, the applicant enter in the
presence in the house and only in affir
in the absence of respondent no. 1,
house because the applicant has fear that
ation against the applicant as there
the respondent no. 2 may level false alleg

is common gate of the house.

ible to have separate entry to avoid

On asking of the court, whether it is poss
ondent no. 2, the applicant replied in
the fear of false implication by the resp
to enter in the house. The
that there is no separate entry/gate
negative
 further submitted that he may offer another property to the
applicant

respondents where they may reside.

n is not the
8. The respondents in their reply claimed that the property in questio
property.
self acquired property of the applicant and is an ancestral
is not the
Determining the rightful title and legal owner of the property
Citizens
subject matter of this court and any order passed under the Senior
to filing of
Act, 2007 does not confer any title upon any party and with regard
al property
application under this act for eviction of respondents from ancestr
under the
(claimed by respondents), the amendment dated 28.07.2017 made

rules made clear that:

“Qf senior citizen/parents may ,make an application before the Deputy

his son
Commissioner/District Magistrate of his district for eviction of

and daughter or legal heir from his property of any kind whether

or immovable, ancestral or self acquired, tangible or

movable
t of
intangible and include rights or interest in such property on accoun

his non-maintenance and ill-treatment.”

Senior Citizens have all the rights to live peacefully and in dignified
9. The
of the
manner which is the prime objective of the Maintenance and Welfare
possible due
Senior Citizen Act, 2007 which in the present case has not been

to the behavior of the respondents with the senior citizens.

in view the aforesaid facts, documents on record, and the field
10.Keeping
is merit in
verification report of SDM, | am of the considered view that there
applicant is
the contention of the applicant, hence, the application filed by the
y within 30
allowed and the respondents are directed to vacate the propert
directed to
days of passing of this order, failing which, the SDM concerned is

enforce the order forcefully with the help of Police.

d to ensure
11.The Deputy Commissioner of Police, South East District is directe
per provisions
enforcement/compliance of directions mentioned above, as
Citizens
under the ‘Delhi Maintenance and Welfare of Parents and Senior
property
(Amendment) Rules, 2016’, 3(3)(ii) and also ensure that the life and
to them by the
of the complainants is secured and no harassment is caused

respondents.
 of May, 2024.
seal of this court on 20" day
12.Given under the hand and
be consigned to
this ord er be provid ed to both the parties and the file
13. Copy of
record room.
2D\s (24
(AJAY KUMAR GUPTA, IAS)
ict Magistrate
Deputy Commissioner/Distr
Delhi.
South-East District, New

Copy to: P.O. Badarpur, New

No. 27, Village Hari Nagar,
1. Sh. B.R. Verma R/o House

Delhi-110044. Nagar,
B.R. Verma R/o House No. 27, Village Hari
2. Sh. Manoj Kumar S/o Sh.
044.
P.O. Badarpur, New Delhi-110 P.O.
Kumar R/o House No. 27, Village Hari Nagar,
3. Mrs. Jyoti W/o Sh. Manoj

Badarpur, New Delhi-110044.

Vihar, Delhi
Dy. Com mis sioner of Police (South-East District), Sarita
4, Gargi College
ita Vihar), O/o Dist rict Magistrate (South-East), Old
5, SDM (Sar
hi-110024.
Building, Lajpat Nagar IV, Del