Dear Sir,
I am in search for judgement / case law for below situation.
Case baground -
Plaintiff and defendent and his family including 2nd son residing in one property
Plaintiff is 1 son of defendent ,
Defendent having his selfowned property which he has gift deed to his 2nd son
Plaintiff has filled case in civil court that defendent have no authority to gift the property to anyone since the property is purchases and constructed out of funds received from ancestral properties.
7 years back from today civil court pass interium and allow plaintiff to stay in one bedroom located in ground floor of the property.
During Evidence / cross examination plaintiff confirms that he wont have any documents to prove his case and the reason behind making the case is wrong.
due to harrasment defendent whose age is 90 years file a case to Sr. Citizen tribunal asking to eviction of plaintiff under Sr. Citizen welfare act 2007 , Tribunal given decision that they have rights for eviction of Plaintiff from property but Civil court given interium so being a qassy judicial they are not in position to over rul the order and ask Sr. citizens to file case with respective bench.
Now Sr. Citizen wants to file Appeal in High Court for eviction of plaintiff from his premises under criminal act.
We are in search of case law wherein High Court has taken a cognizence of Sr. Citizen act not given attention on Civil procedings and given judgement to Eviction of plaintiff.
I am having one case but therin civil court not given interium case law - Ashish Vinod Dalal Vs Vinod Ramanlal Dalal 15- 09 -2021 Mumbai High Court case number WRIT Pettion no. 2400 of 2021.
Please let us know any case law
Regards
