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Rajasthan High Court · body

2017 DIGILAW 2072 (RAJ)

Zakir v. Hurmat Beva Zahoor Khan

2017-09-15

VIJAY BISHNOI

body2017
ORDER : Vijay Bishnoi, J. 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner being aggrieved with the order dated 22.12.2014 passed by the SDO, Jodhpur, on an application filed by the respondent under Sections 4 and 5 of The Maintenance and Welfare of Parents and Senior Citizen Act, 2007, whereby the SDO has directed the petitioner to vacate the house in question and to handover the possession of the same to the respondent No.1. 2. Today, learned counsel for the petitioner has filed an undertaking on behalf of the petitioner, by which the petitioner undertakes that he has already vacated the house on 12.09.2017 however, he has put the locks on two rooms, where he was residing with his family. The petitioner also undertakes that he will not enter into the house till the life time of the respondent No.1, however he has submitted that after that he will be entitled to enjoy occupation of those two rooms which are in his possession. The undertaking submitted by the petitioner be taken on record. Learned counsel appearing for the respondent No.1 has submitted that since the petitioner has already vacated the house in question, nothing remains to be decided in this matter. 3. However, learned counsel appearing for the respondent No.1 undertakes that two rooms belonging to the petitioner in the house in question have already been locked and possession of the petitioner over the said rooms will not be interfered. Learned counsel for the respondent No.1 also undertakes that the respondent No.1 will not alienate the said property in favour of anybody during her life time. 4. It is made clear that the petitioner will not enter into the house in question during the life time of the respondent No.1. After that the petitioner will be free to enjoy his possession over the two rooms, where he has put the locks. Respondent No. 1 will not disturb the possession of the petitioner over the said two rooms. It is also made clear that if the respondent No.1 wants to keep one or two relatives of her in the house for taking care of her she may do so. She is also permitted to construct toilet etc for her daily use in the said house. 5. With these observations, this writ petition is disposed of. 6. Stay petition is also disposed of.