OM PRAKASH Vs. SUB DISTRICT MAGISTRATE, ANOOPGARH, DISTRICT SRI GANGANAGAR
LAWS(RAJ)-2017-1-275
HIGH COURT OF RAJASTHAN
Decided on January 11,2017

OM PRAKASH Appellant
VERSUS
Sub District Magistrate, Anoopgarh, District Sri Ganganagar Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) This writ petition is directed against order dated 14.10.15 passed by the Sub Divisional Magistrate ('SDM'), Anoopgarh, in exercise of the power conferred u/s 5 of the Rajasthan Maintenance of Parents & Senior Citizens Act, 2007 ( in short "the Act"), directing inter alia the petitioner to pay maintenance a sum of Rs.1,500/- to his parents, the respondents no.2 & 3 herein as also to permit them to reside in the residential house occupied by the petitioner situated in Chak 8 KB.
(2.) The respondents no.2 & 3 herein, the parents of the petitioner, who are senior citizens, filed an application u/s 5 of the Act before the SDM, Anoopgarh, claiming maintenance from their sons and grand son as also to allow them to reside in the house alleged to be occupied by the petitioner herein. The application has been allowed by the SDM, Anoopgarh in the terms indicated above .
(3.) Learned counsel appearing for the petitioner that the petition was filed by the respondents just to harass the petitioner. Learned counsel submitted that the petitioner's parents have given their land to the respondents no.4 & 5 but this aspect of the matter has been altogether ignored by the Tribunal. Learned counsel submitted that the respondent no.2 & 3 cannot claim right to reside in the house owned by the petitioner.;


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