SMT. TABASSUM & ORS. vs AMNA BEGUM & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 19th December, 2024 Pronounced on: 07th January, 2025 + W.P.(C) 5068/2022 & CM APPLs. 15054/2022, 43616/2024 SMT. TABASSUM & ORS. .....Petitioners Through: Mr. Kotla Harshvardhan, Ms. G. Gupta, Advocates. versus AMNA BEGUM & ORS. .....Respondents Through: Ms. Aditi Gupta and Mr. Utkarsh, Advocate. Ms. Vaishali Gupta, Panel Counsel (Civil), GNCTD for R-3 & 6. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. The present writ petition impugns order dated 2nd March, 2022 whereby the Divisional Commissioner in exercise of its powers under Rule 22(3)(4) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, (Amendment) Rules, 2016,1 upheld the eviction of the Petitioners No. 1 to 4. The impugned order stems from order dated 13th August, 2020, issued by the District Magistrate (North-East), permitting Respondent No. 1 to reclaim possession of her property bearing No. C- 25/28, Gali No. 3, Rishi Kardam Marg, Chauhan Bangar, Seelampur, Delhi- 1 “the Delhi Senior Citizens Rules” Signature Not Verified Digitally Signed W.P.(C) 5068/2022 Page 1 of 12 By:NITIN KAIN Signing Date:07.01.2025 16:05:08 110053,2 through eviction of the Petitioners. THE PARTIES 2. The present petition is filed by Ms. Tabassum (Petitioner No. 1) who is married to Mr. Aslam Parvez (Petitioner No. 4). Together, they have two children, who are Petitioners No. 2 and 3 in these proceedings. 3. Ms. Amna Begum (Respondent No. 1), an elderly senior citizen, is the mother of Mr. Aslam Parvez, Mr. Mohammad Shahid (Respondent No. 4) and Ms. Shabana (Respondent No. 2). Mr. Shahid is married to Ms. Naima (Respondent No. 5) while Ms. Shabana remains unmarried. 4. The family resides in the subject property as follows: Ms. T