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Civil · Reportable judgment

Samtola Devi vs State of Uttar Pradesh & Ors.

Court
Supreme Court of India
Date
27 March 2025
Case No.
Civil Appeal No. 4442 of 2025
Result
Dismissed
Bench
Pankaj Mithal, Sarasa Venkatanarayana Bhatti
Citation
[2025] 3 S.C.R. 1235 : 2025 INSC 404
Acts & Sections
Maintenance and Welfare of Parents and…
Supreme Court Reports [2025] 3 S.C.R. 1235 : 2025 INSC 404
Issue for consideration
Whether the High Court was justified in setting aside the order passed by the Appellate Tribunal directing the eviction of the eldest son of the appellant-mother, a senior citizen from a portion of the house in question allegedly belonging to his deceased father.
Headnote

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – ss.23, 4, 5 – Whether the eviction of the eldest son of the appellant-mother (a senior citizen) from a portion of the house in question allegedly belonging to his deceased father, from where he was carrying on the utensil business was necessitated: Held: No – Under the Senior Citizens Act, senior citizens are simply entitled to maintenance rather than eviction of their son/relatives – The Act does not specifically provide for drawing proceedings for eviction of persons from any premises owned by or belonging to a senior person – It is only on account of the observations made by this Court in S. Vanitha’s case that the Tribunal under the Senior Citizens Act may also order eviction if it is necessary and expedient to ensure the protection of the senior citizens – Thus, the Tribunal has acquired jurisdiction to pass orders of eviction exercising jurisdiction u/s.23 – However, the court has only held that in a given case, the Tribunal ‘‘may order’’ eviction but it is not necessary and mandatory to pass an order of eviction in every case – Appellate Tribunal did not record any reason necessitating the eviction of the eldest son or that on facts it was expedient to order his eviction so as to ensure the protection of the senior citizen – He was paying maintenance as directed by the Family Court – Tribunal was not justified in ordering his eviction merely for the reason that the property belonged to the deceased father, ignoring the fact that his claim of regarding 1/6th share in the house and the cancellation of gifts and sale deeds was pending adjudication before the civil court – High Court rightly set aside the eviction order passed by the Appellate Tribunal while maintaining the other conditions as imposed by the Maintenance Tribunal permitting him to continue living therein with the rider of drawing eviction proceedings if he indulged in any untoward behavior or interferes with the life of others. [Paras 29, 31-33]

Keywords: Senior citizens · Protection of the senior citizen · Interest of the senior citizen · Maintenance Tribunal · Eviction order · Eviction proceedings · Eviction of son/relatives of the Senior citizens · Mental and physical torture · Not to encroach upon any part of house · Grant of maintenance · Harassing the parents · Abuses the parents · Self-acquired property · Peaceful living · Owner of property · Humiliate or torture · Cancellation of gifts and sale deeds

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Pankaj Mithal, J. 1. Leave granted. 2. In India we believe in “Vasudhaiva Kutumbakam” i.e. the earth, as a whole, is one family. However, today we are not even able to retain the unity in the immediate family, what to say of building one family for the world. The very concept of ‘family’ is being eroded and we are on the brink of one person one family. 3. This is an unfortunate case where parents are in litigation with their children (sons) and the children (sons) are in litigation with their parents. 4. One Kallu Mal (dead) aged about 75 years and his wife Samtola Devi aged abou
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