K Kalyanasundaram, J. - (1.) This Writ Petition has been filed challenging the order of the first respondent dated 05.11.2013, confirming the order of the second respondent dated 30.05.2013, whereby, the Authorities have directed the petitioner to hand over possession of the property measuring an extent of 1187 sq.ft in J.D.Durairaj Nagar, Aminjikarai, Chennai.
(2.) The facts in nutshell:- The petitioner is the eldest son of the third respondent. The property in question was purchased in the name of the third respondent from Apparao Garden Cooperative House Sites Society, through a registered sale deed dated 07.03.1981 for a sale consideration of Rs.1,487/-. It is not disputed that a small house was constructed in the year 1985 thereon. The third respondent approached the second respondent for delivery of possession of the property by filing an application under the provisions of the Tamil Nadu Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (In short "the Act") alleging that he is the absolute owner of the property in question and that is being enjoyed by the petitioner and he was ill-treated and thrown out from the property.
(3.) The case of the petitioner is that the second respondent issued a notice in Form C for his appearance on 08.05.2013, however even without providing the copy of the maintenance application, the second respondent proceeded to conduct enquiry and he was forced to give a statement. The further case of the petitioner is that he studied upto 5th standard and his father / third respondent herein was erratic, irregular and wayward. Hence, the petitioner who is the eldest son of the third respondent started earning at the age of 12 by doing carpenter work and maintained his family and also arranged for the marriage of his younger brother and two sisters. It is further stated that he had been at Saudi Arabia on employment as Carpenter and he was sending his earning to his father for construction of the house and he returned back in January 1990 and after his marriage he has been residing with his family in the property in dispute for the past 24 years, while the third respondent is living with his brother at New No.34, Old No.16, Kakkan Nagar, Aminjikarai, Chennai.;