Rakesh Kumar Jain, J. - (1.) This petition is filed against the order dated 6.5.2015 passed by respondent No.1 on the application filed by respondent No.2 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [for short 'the Act'] directing the petitioners to handover the vacant possession of the residential house of respondent No.2 to him.
(2.) In short, respondent No.2, aged 83 years, filed an application under the provisions of the Act for seeking eviction of the petitioners from his house, which was allegedly being unauthorisedly occupied. It is alleged by respondent No.2 that he along with his wife have been living with their daughter as the petitioners have thrown them out from their house.
(3.) Learned counsel for the petitioners has submitted that respondent No.2 had earlier filed an application for maintenance, which has been allowed by the SDM, Shri Chamkur Sahib and they have been paying maintenance of Rs. 1000/- per month regularly, therefore, the second application is not maintainable. It is also submitted that the property in dispute is ancestral in nature in which one of the petitioners being the son of respondent No.2 is a coparcener and has a right and cannot be termed as an unauthorized occupant.;