Delhi HC on plea of 90-year-old lady directs appellate authority to decide appeal related to property

New Delhi [India], June 16 : The Delhi High Court, while disposing of a plea moved by a 90-year-old lady, has directed the Appellate Authority to decide the appeal related to a property on the next date of hearing.
The senior citizen petitioner had challenged the stay order passed by the authority on an appeal filed by the lady's son. Her son was directed by the District Magistrate to vacate the property.
The vacation bench of Justice Jyoti Singh passed an order saying, "The petitioner is 90 years of old with attendant health issues. She is undergoing mental agony and suffering, this court deems it appropriate to give a direction to decide the pending appeal on the next hearing on July 6, 2022."
The bench further said for any unavoidable exceptional circumstances, an adjournment has to be granted, and the matter shall be adjourned to a very short date and heard on the said date.
The petitioner Vidya Jang has challenged the order of 23 March 2022 passed by the authorities in an appeal filed by her son Ramendra Shamsher Jang under the Maintenance and Welfare of Senior Citizen Act, 2007.
She had also sought direction to authorities to decide the appeal as expeditiously as possible.
The petitioner stated that she has been residing in a property in Navjivan Vihar in Malviya Nagar of new Delhi since 1979.
She said her husband acquired leasehold rights in the said property from the President of India in the year 1975. He died on 15 March 2002. Thereafter, her two sons relinquished their shares in the name of the petitioner and the property was muted in her name.
It was alleged that the elder son of the petitioner, while living with her in the said property, took advantage of the age and ill health of the petitioner and entered into deals with a property developer, compelling her to sell the property.
He also took money from her on the pretext of repaying certain loans against the construction of the house.
He is now ill-treating the petitioner and has confined her to one room in the house. Unable to bear the suffering and harassment, she filed a complaint but her son and his family refused to vacate her house.
Advocate Gurmeet Singh Narula, counsel for the petitioner, submitted before the bench that the petitioner filed two complaints but no order was passed by the authorities.
The Delhi High Court passed an order on the petition moved by her directing the Magistrate to decide the complaint within four weeks.
On the non-compliance of the said order, a contempt petition was filed. Then, pursuant to the order of February 9, 2022, the District Magistrate passed an order on February 17 2022 directing the son of the petitioner to vacate the petitioner.
This order was challenged by the son of the petitioner and it was stayed by the higher authorities.
The Counsel for the applicant further argued that the appeal is now fixed for July 6, 2022, and any further adjournment in the matter would seriously work to her detriment.
He prayed for a direction from the authority to decide the appeal finally on the next date of hearing.