Can Senior Citizens Evict Children from their Home? Read this case

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July 05, 2018

Case name: Dattatrey Shivaji Mane v. Lilabai Shivaji Mane & ors.

In this recent case, the Bombay High Court while highlighting the object of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) held that the Act permits a senior citizen including parent who is unable to maintain himself from his earning or out of property owned by him and if such senior citizen is unable to lead a normal life to apply for such relief i.e. eviction under Section 4 of the Act not only against his children but also the grandchildren.

In the case, the Respondent mother had filed a complaint against the petitioner (her son) inter alia praying for maintenance and eviction of the petitioner on various grounds. The Tribunal passed an order directing the petitioner and his other family members to evict themselves from the said tenement under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act). It would be relevant to mention here that the impugned premises exclusively belonged to the Respondent mother.

Aggrieved by the aforesaid order, the Petitioner instituted writ petition before the High Court of Bombay contending that since the petitioner has been allegedly maintaining the respondent no.1 for last several years, no order of eviction could be passed by the tribunal under Section 4 of the Senior Citizen Act.

The High Court of Bombay upheld the Tribunal’s order in view of the following observations:

  1. That the respondent no.1 has produced sufficient material on record showing that the respondent no.1 has been harassed by the petitioner and his family members for last several years. That Section 4 of the Act permits a senior citizen including parent who is unable to maintain himself from his earning or out of property owned by him and if such senior citizen is unable to lead a normal life to apply for such relief not only against his children but also the grandchildren.
  2. While arriving at its decision, the High Court heavily relied on the case of Sunny Paul & Anr. Vs. State Nct of Delhi & Ors., wherein it was held that that the claim for eviction is maintainable under Section 4 of the said Act read with various other provisions of the said Act by a senior citizen against his children and also the grandchildren.
  3. That the Senior Citizen said Act is enacted for the benefit and protection of senior citizen from his children or grandchildren.
  4. That while interpreting the provisions, object of the Act has to be kept in mind which is to provide simple, inexpensive and speedy remedy to the parents and senior citizens who are in distress, by a summary procedure. Thus, the provisions have to be liberally construed as the primary object is to give social justice to parents and senior citizens.
  5. With reference to the facts of the instant case, the High Court opined that the respondent mother could not be restrained from recovering exclusive possession from her son or his other family members for the purpose of generating income from the said premises or to lead a normal life.

In view of the aforesaid observations, the High Court directed the petitioner and other occupants i.e. his wife, son and daughter hand over the vacant possession to Respondent within 2 weeks.

The entire case can be accessed here.

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