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]
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.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.