As per case facts, a senior citizen sought his son's eviction from their home, citing the son's abusive behavior, alcoholism, and physical assaults which jeopardized his peaceful and dignified life. ...
-WP-2206-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2206 OF 2025
Carson Percy Valladares
Aged 52 Years, Occ.: Service
R/a Percy Villa, 103, Kalina Village,
Santacruz (E), Mumbai – 400029 ...Petitioner
Versus
1. State of Maharashtra
Representing
(a) Chief Presiding Officer, Tribunal for
Maintenance of Parents and Senior
Citizens and Sub-Divisional Officer,
Mumbai, Western Suburbs,
(b) Appellate Tribunal and Additional Collector,
Mumbai Suburban District Both having
office at Administrative Building, 9
th
Floor,
Bandra (E),
Mumbai – 400 051
through the Govt Pleader,
High Court (A.S.), Bombay.
2. Percy Mario Valladares
Aged 83 years, Occ.: Retired
R/s Percy Villa, 103, Kalina Village,
Santacruz (E), Mumbai – 400 029 …Respondents
Ms. Sonal Parab, with Esha Rane and Sudhanshu Sawant, i/b R.B.
Mungekar, for the Petitioner.
Mr. Y.D. Patil, AGP, for Respondent No.1-State.
Mr. Niranjan Mundargi, with Keral Mehta, for Respondent No.2.
ARS 1/26
ARUN
RAMCHANDRA
SANKPAL
Digitally signed by
ARUN
RAMCHANDRA
SANKPAL
Date: 2026.08.27
21:02:39 +0530
-WP-2206-2025.DOC
CORAM :N. J. JAMADAR, J.
RESERVED ON :11
th
AUGUST 2026
PRONOUNCED ON :27
th
AUGUST 2026
JUDGMENT :
1. Rule. Rule made returnable forthwith, and, with the consent of
the learned Counsel for the parties, heard finally.
2. By this Petition under Article 227 of the Constitution of India, the
Petitioner takes exception to a judgment and order dated 12
th
December
2024 passed by the Appellate Tribunal in Appeal No. 54 of 2024,
whereby the Appeal preferred by the Petitioner against an order dated
11
th
September 2024 passed by the Maintenance Tribunal under the
Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 (“the
Act, 2007”), came to be dismissed affirming the order passed by the
Maintenance Tribunal thereby,
inter alia, directing the Petitioner to
vacate the house premises, Percy Villa, 103, Kalina Village, Santacruz
(E), Mumbai (“the subject premises”) and deliver its vacant possession to
Respondent No.2.
3. Shorn of superfluities, background facts can be stated as under:
3.1 Respondent No.2 (hereinafter referred to as “the senior citizen”)
is the father of the Petitioner. The senior citizen has been residing
alongwith his wife Ms. Loreta; who is also a senior citizen, and other
family members in the subject premises. The senior citizen has two sons
ARS 2/26
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namely, Carson, the Petitioner herein and Gleeson, and a daughter Ms.
Sarita.
3.2 The senior citizen filed an Application before the Maintenance
Tribunal under Section 5 of the Act, 2007 seeking orders to evict the
Petitioner from the subject premises and restrain the Petitioner and his
friends/agents etc, from entering into the subject premises, with the
assertion that the Petitioner has an abusive and aggressive temperament
and that has led to marital discord between the Petitioner and his wife.
Though the Petitioner is working at a very senior position in a reputed
company and earns sumptuous remuneration and owns multiple
immovable properties, yet, the Petitioner has been residing in the
subject premises. The Petitioner has been coercing the senior citizen to
sell off his properties and pay money to him. As the senior citizen did
not cave in demands of the Petitioner, the latter has allegedly
threatened, intimidated and assaulted the senior citizen. On 20
th
July
2022, the senior citizen was constrained to report the matter to Wakola
Police, who recorded a NC Report No. 1679 against the Petitioner.
3.3 The senior citizen further affirmed that, the Petitioner is an
alcoholic and has repeatedly abused the senior citizen in filthy language
and assaulted the senior citizen and his daughter-in-law. Reference is
made to an incident of alleged assault and insult on the night
intervening 21
st
and 22
nd
February 2023. Again the matter was reported
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to the Wakola Police Station, who recorded NC Report No. 399 of 2023.
The daughter-in-law of the senior citizen has also lodged a Report
against the Petitioner for the offences punishable under Sections 354,
504 and 506 (2) of the Indian Penal Code, 1860 (“the Penal Code”),
3.4 Referring to various acts of verbal, emotional and physical abuse,
the senior citizen has asserted that the continued residence of the
Petitioner in the subject premises is posing danger to the life and limb of
the senior citizen and other family members. Hence, prayers were made
before the Maintenance Tribunal to evict the Petitioner.
3.5 The Petitioner resisted the Application. It was
inter alia contended
that the brother and daughter-in-law of the Petitioner with a view to
wreak vengeance have manipulated, fabricated and concocted false
stories and compelled the senior citizen to lodge a false complaint
against the Petitioner before the Maintenance Tribunal.
3.6 On the merits of the matter, it was contended that, the senior
citizen is not the sole owner of the subject premises. The proceeding
before the Maintenance Tribunal was initiated with an oblique motive
to dissuade the Petitioner from pursuing his legal remedies against his
brother. It was,
inter alia, contended that the Petitioner had in fact paid
amounts towards maintenance to his parents and incurred expenses
towards their medical care and insurance. The Petitioner has been ready
and willing to maintain both his parents.
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3.7 By an order dated 11
th
September 2024, the Maintenance
Tribunal was persuaded to allow the Application observing,
inter alia,
that the senior citizen had a right to live a normal, peaceful and
dignified life in the subject premises. The acts and conduct of the
Petitioner were impairing the said right of the senior citizen. Thus, in
order to maintain peace and harmony and ensure that the senior citizen
lives a peaceful and dignified life, it was necessary to evict the Petitioner
from the subject premises. Therefore, the Maintenance Tribunal directed
the Petitioner to vacate the subject premises and also gave ancillary
directions to ensure that the senior citizen is not deprived of his right to
live a normal life.
3.8 Being aggrieved, the Petitioner preferred an Appeal before the
Appellate Tribunal.
3.9 By the impugned order, the Appellate Tribunal declined to
interfere with the order passed by the Maintenance Tribunal, finding no
infirmity or error therein.
3.10 Being further aggrieved, the Petitioner has invoked the writ
jurisdiction of this Court. 4.I have heard Ms Sonal Parab, the learned Counsel for the
Petitioner, Mr Niranjan Mundargi, the learned Counsel for Respondent
No.2, and Mr. Y.D. Patil, the learned AGP, for Respondent No.1-State.
ARS 5/26
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With the assistance of the learned Counsel for the parties, I have
perused the material on record.
5.Ms. Parab, the learned Counsel for the Petitioner, mounted multi-
fold challenges to the impugned orders passed by the Tribunals under
the Act, 2007. First and foremost, Ms Parab would urge that the
Application for an order of eviction simpliciter sans a prayer for
maintenance, was itself not maintainable before the Maintenance
Tribunal. There was no assertion in the Application before the
Maintenance Tribunal that the senior citizen was unable to maintain
himself and thus the children be directed to pay maintenance. Instead,
the senior citizen approached the Maintenance Tribunal with a prayer
for eviction simpliciter, which according to Ms. Parab, was not tenable.
6.Amplifying the aforesaid submission, Ms. Parab would urge that
eviction of the children or relatives is not the object of the Act, 2007.
The provisions contained in the Act, 2007 thus could not be permitted
to be abused to evict the children or relatives without resorting to the
remedies available in law. To buttress this submission, Ms. Parab placed
reliance on the judgments of this Court in the cases of Vimal Dagadu
Kate & Anr Vs State of Maharashtra & Ors
1
and Nitin Rajendra Gupta Vs
1 ASWP No. 882 of 2024 decided on 10
th
March 2025.
ARS 6/26
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Deputy Collector, Mumbai and Ors
2
and a decision of the Supreme
Court in the case of Samtola Devi Vs State of Uttar Pradesh & Ors.
3
7.Secondly, Ms. Parab would submit that, on facts, it becomes
abundantly clear that the provisions of the Act, 2007 were weaponized
to evict the Petitioner from the subject premises. In respect of one and
the same incident, the senior citizen lodged a NC Report and, after
more than a month, the daughter-in-law of the senior citizen lodged the
FIR. It was submitted that once a NC Report was lodged the police
could not have registered FIR in respect of the very same incident.
Thus, it betrayed an intention to create record to bolster up the case for
the eviction of the Petitioner.
8.Thirdly, Ms Parab would urge, the Tribunals under the Act, 2007
were in error in not appreciating the material placed on record by the
Petitioner to demonstrate that he had been making provisions for the
maintenance of his parents, and taking care of their heath related
requirements. Brushing aside the said material, the Tribunals have
passed the impugned orders giving undue weight to the NC Reports and
the FIR, lodged with an oblique motive.
9.Ms. Parab further submitted that, though the impugned orders
have been implemented yet they operate as a stigma and scar on the
2 OSWP No. 590 of 2023 decided on 10
th
April 2024.
3 2025 INSC 404.
ARS 7/26
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reputation of the Petitioner and, therefore, the impugned orders deserve
to be quashed and set aside.
10.Mr. Niranjan Mundargi, the learned Counsel for Respondent No.2,
joined the issue by canvassing a submission that it is not necessary that
in every proceeding before the Maintenance Tribunal, the senior citizen
must seek maintenance from the child. In a given case, the child or
relative may make the life of the senior citizen miserable, like the case
at hand, and in such a case it cannot be urged that, the Tribunals under
the Act, 2007 are denuded of the powers to direct the eviction of such
an ungrateful child or relative. Mr. Mundargi laid emphasis on the
expansive definition of 'maintenance' under Section 2(b) of the Act,
2007. It was submitted that the laudable objects of the Act, 2007 would
be frustrated if the Tribunals are not empowered to direct the eviction
of a child or relative who poses danger to the life and limb of the senior
citizen.
11.On the merits of the matter, Mr. Mundargi would urge that the
facts are so gross that no other view is possible. The abusive and
aggressive behaviour of the Petitioner is not only documented in the
Reports lodged by the senior citizen and other family members but even
captured in the CCTV footages. Mr. Mundargi laid particular emphasis
on the CCTV footages, copies of which are placed at page Nos. 51 to 55
of the Petition. Those CCTV footages clearly reveal that the Petitioner
ARS 8/26
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assaulted the senior citizen. It was in respect of that incident, the senior
citizen had lodged the Report, submitted Mr. Mundargi.
12. The Senior Citizens Act, 2007, primarily and predominantly
deals with the maintenance and welfare of the parents and senior
citizens. ‘Maintenance’ is defined under clause (b), as under :
“(b) “maintenance” includes provision for food,
clothing, residence and medical attendance and
treatment;”
“Welfare” is defined under clause (k), as under :
“(k) “welfare” means provision for food, health care, recretion
centres and other amenities necessary for the senior citizens;”
13.Chapter II of the Senior Citizens Act, 2007 subsumes provisions
under the caption “Maintenance of Parents and Senior Citizens”. Under
Section 4, a senior citizen, including parent, who is unable to maintain
himself from his own earning or out of the property owned by him, is
entitled to make an application under section 5, in case of (i) parent or
grand-parent, against one or more of his children not being a minor; (ii)
a childless senior citizen, against such of his relative referred to in
clause (g) of section 2. Sub-sections (2) and (3) of Section 4 describes
the nature of the obligation of the children or relative to maintain a
senior citizen or parent by emphasizing that the obligation extends to
ARS 9/26
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the needs of such senior citizen / parent, so that he can lead a normal
life.
14.Section 5 of the Senior Citizens Act, 2007 contains provisions in
regard to the application for maintenance. Section 6 provides for the
jurisdiction and procedure to determine such application. The
constitution of the Maintenance Tribunal is provided for under Section
7. Under Section 8, the Tribunal, subject to the rules that may be
prescribed by the State Government, may follow such summary
procedure as it may deem fit. Under Section 9, the Tribunal is
empowered to award maintenance at such monthly rate, as the Tribunal
may deem fit, subject to the maximum maintenance allowance as may
be prescribed by the State Government, which shall not exceed
Rs.10,000/- per month. Under Section 12, an option is given to the
senior citizen to seek maintenance under the Act, 2007 or Chapter IX of
the Code of Criminal Procedure, 1973. The senior citizen may claim
such maintenance under either the Senior Citizens Act, 2007 or Code of
Criminal Procedure, 1973, but not under both. Section 15 provides for
constitution of Appellate Tribunal. Appeals are provided under Section
16 before the Appellate Tribunal.
15.Chapter III deals with the establishment of old age homes.
Provisions for medical care of senior citizens are envisaged in Chapter
IV. Chapter V is dedicated towards the protection of life and property
ARS 10/26
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of senior citizens. Section 23, in particular, empowers the Tribunal to
declare the transfer of property by way of gift or otherwise, made by the
senior citizen, subject to the condition that the transferee shall provide
the basic amenities and basic physical needs to the transferor, void if
such transferee refuses or fails to provide such amenities and physical
needs. Section 27 of the Act, 2007 bars the jurisdiction of the civil court
in respect of any matters to which any provisions of the said Act apply.
Section 3 gives overriding effect to the provisions of Act, 2007 over the
provisions of any other enactment or instrument.
16.At this juncture, the ‘Statement of Objects and Reasons’ of the
Senior Citizens Act, 2007, deserves to be noted. It reads as under :
“Statement of Objects and Reasons”
Traditional norms and values of the Indian society laid
stress on providing care for the elderly. However, due to
withering of the joint family system, a large number of
elderly are not being looked after by their family.
Consequently, many older persons, particularly widowed
women are now forced to spend their twilight years all
alone and are exposed to emotional neglect and to lack of
physical and financial support. This clearly reveals that
ageing has become a major social challenge and there is a
need to give more attention to the care and protection fo
the older persons. Though the parents can claim
maintenance under the Code of Criminal Procedure, 1973,
the procedure is both time-consuming as well as expensive.
Hence, there is need to have simple, inexpensive and
speedy provisions to claim maintenance for parents.”
ARS 11/26
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17. A conjoint reading of the provisions contained in the Act, 2007
as a whole, in the light of the Statement of Objects and Reasons, makes
the intent of the Legislature explicitly clear. The Parliament intended to
address the alarming situation caused by the neglect and harassment of
the parents and senior citizens in the evening of their life. Senior
Citizens were found to be deserted and deprived of the basic physical
necessities, medical care and amenities which are required the most in
the advanced age. Many elderly persons, particularly widowed women,
were found to have been forced to spend their twilight years all alone,
and were exposed to emotional neglect and want of physical and
financial support. This mischief was sought to be addressed by the
Parliament by providing a simple, inexpensive and speedy mechanism to
claim maintenance and also by making provisions for the
institutionalized care of the senior citizens in old age homes, medical
support and, most importantly, the protection of life and property of the
senior citizens. The Statement of Objects and Reasons specifically
records that, though under the provisions of the Code, 1973, parents
can claim maintenance, the procedure was both time consuming as well
as expensive.
18. The capacious breadth of the provisions of the Act, 2007 leaves
no manner of doubt that it is a beneficial legislation, enacted to advance
the object of care and protection of the senior citizens. Thus, while
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interpreting the provisions of the Senior Citizens Act, 2007, it is
imperative to adopt tools of interpretation which are required to be
applied when interpreting a beneficial piece of legislation. The cardinal
principle is that the beneficial legislation must receive liberal
construction in consonance with the objectives such legislation seeks to
achieve. The interpretative process must be attuned to the purposive
construction informed by the legislative object. In a given case, if two
views are plausible, the Court must lean in favour of an interpretation
which favours the beneficiaries rather than one which stultifies object of
the beneficial legislation.
19.On the aforesaid touchstone the submission of Ms Parab that an
Application for eviction simpliciter sans a prayer for maintenance is not
maintainable, deserves to be appreciated.
20.It may be apposite to notice the judgment of the Supreme Court
in the case of Samtola Devi (supra) on which reliance was placed by Ms
Parab. In the said case, the parents sought to evict their sons from the
house premises, which the father claimed that it was his self-acquired
property. The Supreme Court in the backdrop of the facts that emerged,
namely, there was no complaint or any material on record to indicate
that the son, after the order was passed by the Tribunal, had in any
manner humiliated his parents or interfered with the mother's living,
the son had been paying maintenance as directed by the Family Court
ARS 13/26
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observed that, if the son had been living in a small portion of the
house, owned by his father, in which he had no share and was
continuing with the family business from the shop on the ground floor
without interfering with the life of the others, it did not appear to be
prudent to order his eviction, as after all, being a son, he also had an
implied licence to live therein.
21.In that context, the Supreme Court observed that the provisions
of the Senior Citizens Act, nowhere specifically provide for drawing
proceeding 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 the Supreme Court in the case of S. Vanitha v/s. Deputy
Commissioner, and Ors,
4
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. Referring to the decision in the case of
Urmila Dixit vs Sunil Sharan Dixit and ors,
5
the Supreme Court clarified
in that case as well, the Supreme Court had 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. In the case of
Samtola Devei (supra), the Supreme Court held, the Appellate Tribunal
had not recorded any reason necessitating the eviction of the
appellant's son, nor that in the facts and circumstances of the case, it
4 (2021) 15 SCC 730
5 (2025) 2 SCC 787.
ARS 14/26
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was expedient to order eviction to ensure the protection of the senior
citizen.
22.In the case of Jitendra Gorakh Megh v/s. Additional Collector and
Anr.
6
, the Division Bench of this Court considered the following
question:
“Whether an eviction order can be passed under the
Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 without any claim towards
maintenance being made by the senior citizen ?
23.After adverting to the facts of the case, the Statement of Objects
and Reasons, key provisions of the Senior Citizens Act, 2007 and the
judicial precedents, including the judgment of the Supreme Court in the
case of Smt. S. Vanitha (supra) and judgments of this Court in the cases
of Ranjana Rajkumar Makharia V/s. Mayadevi Subhkaran Makharia
7
,
Ritika Prashant Jasani V/s. Anjana Niranjan Jasani
8
and Shweta Shetty
V/s. State of Maharashtra and Ors.
9
, the Division Bench enunciated,
inter alia, as under :
“20. Section 4 of the Act contains provisions dealing with
the maintenance of parents and senior citizens. It prescribes
that a senior citizen who is unable to maintain himself from
his own earnings or from property owned by him, is entitled
to make an application for maintenance under Section 5 of
6 OSWP(L) No.31614 of 2025 dated 8 Dec. 2025
7 2020(3) Mh.L.J. 587
8 2021 SCC Online Bom 1802
9 2021 SCC Online Bom 4575
ARS 15/26
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the Act. The said section further prescribes that the obligation
of children to maintain the senior citizen extends to the needs
of such senior citizen so that he may lead a normal life.
Section 5 contains provisions relating to the application
which the senior citizen can make for maintenance. Sub-
section (2) enables the Tribunal to order monthly allowance
to be paid to the senior citizen towards interim maintenance.
In these circumstances, when the senior citizen has made no
claim for maintenance, we fail to see how the said application
which has been filed by the senior citizen under section 5(2)
of the Act, is maintainable, in the first place. This position
appears to have been completely overlooked, both in the
eviction order and also in the appellate order.
……
24. The Act is a beneficial statute intended to safeguard
the vulnerable (senior citizen), but it cannot be (mis) used by
the senior citizen as a tool for summary eviction without the
fulfilment of statutory requirements. In the present case, we
find that the said application does not satisfy the
requirements of Sections 4 and 5 of the Act and is therefore
not maintainable. Accordingly, the eviction order could not
have been passed by the Tribunal and upheld by the Appellate
Tribunal, vide the appellate order. The senior citizen has not
claimed any maintenance from the Petitioner and the order of
eviction is not in furtherance thereof. Eviction, as also held in
S. Vanitha (supra) would be an incident of the enforcement of
the right to maintenance and protection which should be
granted only after adverting to the competing claims of both
parties in dispute. This has admittedly not been done in the
appellate order or in eviction order (which it confirms).
25. In fact, the senior citizen is financially well-to-do and
owns several other immovable properties, both residential
ARS 16/26
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and commercial and instead, the record reveals that the
Petitioner (if evicted from the subject premises) would not
have any other roof over his head. This is not disputed by the
senior citizen in the said application who in-fact asserts that
the Petitioner has been unemployed for several years. In such
circumstances, it was incumbent on the Tribunal and the
Appellate Tribunal to have considered these material factors
before passing the eviction and appellate orders. This has
admittedly not been done. Instead, the eviction order accepts
all the averments made in the said application and proceeds
to hold that since the subject premises belong to the senior
citizen and he needs to reside therein since he travels
frequently for medical treatment, the Petitioner is required to
be evicted therefrom.
24.In the light of the aforesaid enunciation of law albeit in the facts
of the respective cases, it is pertinent to note, the expansive and wide
definition of "maintenance" and the obligation of children and relatives,
assume critical salience. If a senior citizen is deprived of the use and
occupation of his home, in the exercise of all the incidents of
ownership, and made to take refuge in another premises, can it be said
that the obligation of the child/relative, who is alleged to have been
instrumental for bringing about the circumstances rendering it
impracticable to occupy his own home to maintain the senior citizen is
discharged? Would it not deprive the senior citizen of the right of the
protection of the property ? or Would it still be incumbent upon the
senior citizen to first seek maintenance from such child/relative who
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has allegedly made it impossible for the senior citizen to occupy his
own home ? are the questions that may crop up.
25.A purposive interpretation of the provisions of the Senior Citizens
Act, 2007 would provide a legitimate answer. In a situation of the
present nature, can it not be said that the senior citizen would be
enforcing his right to live a normal life? The definition of
"maintenance", which includes residence, has both positive and
negative connotations. In the positive form, there is an obligation on
the child/relative to provide residence to the parent/senior citizen in
case the parent/senior citizen does not hold the property as defined
under Section 2(f) of the Senior Citizens Act, 2007. In the negative
sense, there is an obligation on the child/relative not to deprive a
senior citizen of his own residence. Therefore, when the senior citizen
approaches the Tribunal seeking eviction of the child/relative who has
deprived the senior citizen of his property either by forcing himself or
by making the life of the senior citizen miserable by acts of omission or
commission, the prayer still partakes the character of enforcing the
obligation of the child/relative to allow the senior citizen to live a
normal life.
26.In the case of Shweta Shetty (supra), a Division Bench of this
Court negatived a somewhat similar challenge to the orders of the
Maintenance Tribunal. In that case, the senior citizen was seeking to
ARS 18/26
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evict from his flat, one of the daughters who had forced herself upon
the senior citizen. A submission was canvassed on behalf of the
daughter that it was impermissible under the scheme of the Senior
Citizens Act, 2007 to seek eviction of a person because under Section 5
only an application for maintenance could be entertained by the
Tribunal and, thus, the Tribunal acted without jurisdiction in directing
eviction of the daughter. After adverting to the Division Bench
judgment of this Court in the case of Ritika Jasani (supra), the Division
Bench repelled the contentions on behalf of the daughter in the
following terms :
“9. As to the jurisdictional question we do not believe the
point is well taken. The definition of maintenance in clause
2(b) reads thus :
“(b) “maintenance” includes provision for food, clothing,
residence and medical attendance and treatment;”
10. Clearly it includes residence; and this means residence
of the senior citizen.
12. In Jasani, therefore, the claim of the appellant was that
the house was a ‘shared household’, i.e. that she had a legally
definable right in the property itself. That is not the case
before us at all, where Shweta accepts that she has no right in
the flat in question. The mere use of the word ‘eviction’ is not
by itself determinative. To constitute eviction, or to invoke
any prohibition against eviction, it must be shown that some
legally enforceable civil right of the appellant in the property
itself has been determined and that the appellant has been
denied that right. Removal of a person with no right in the
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premises is not eviction so as to attract any such prohibition.
After all, as Jasani notes, the statutory intent is to protect
senior citizens. It is not to foist on senior citizens an
imaginary claim over their own property where the claimant
has no such right to begin with. The statutory intent is not to
limit the rights of senior citizens, but exactly the reverse.”
(emphasis supplied)
27.In the case of Shweta Shetty (supra), the Division Bench also
referred to the judgment of a learned Single Judge of this Court in
Dattatrey Shivaji Mane V/s Lilabai Shivaji Mane
10
, wherein it was
enunciated that Section 4 of the Senior Citizens Act, 2007 cannot be
read in isolation but has to be read with Section 23 and also Sections
2(b), (d) and (f) of the said Act, 2007, and the mother cannot be
restrained from recovering exclusive possession from her son or other
family member for the purpose of generating income from the said
premises or to lead a normal life.
28.In the case of Sunny Paul V/s. State of NCT of Delhi
11
, a Division
Bench of the Delhi High Court has enunciated that, the Senior Citizens
Act, 2007 being a social legislation and the same requires to be given
liberal interpretation to achieve the mandate of the Act of 2007 i.e. for
the welfare of the parents and senior citizens and for the protection of
their life and property, there is no doubt that the Tribunal does have the
jurisdiction to direct vacation by the children of any property in which
10(2018) 6 Mah LJ 681.
112018 scc Online Del 11640
ARS 20/26
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the senior citizen has a right of residence/possession.
29. In Shweta Shetty (supra), the Division Bench also followed the
Division Bench judgment of the Delhi High Court in the case of Sunny
Paul V/s. State of NCT of Delhi
12
, and observed with reference to the
enunciation of law in Dattatrey Shivaji Mane V/s. Lilabai shivaji Mane
13
and Sunny Paul (supra), as under :
“We entirely endorse the views of the learned Single Judge and
accept them as our own. We are also fully in agreement with the
views of the Division Bench of the Delhi High Court in the case of
Sunny Paul (supra), a most careful and elaborate judgment that
includes what appears to us to be a comprehensive overview of the
jurisprudence.”
30.In the case of Dinesh Bhanudas Chandanshive Vs The State of
Maharashtra and Ors
14
, which again arose out of the struggle of a
mother, who was illegally ousted from her own abode, to take back the
same from her son, the Division Bench after following the decision in
the case of Shweta Shetty (supra), rejected the challenge to the order
passed by the Maintenance Tribunal on the ground that the Tribunal
had no jurisdiction to order eviction. It was, inter alia, exposited that,
during the lifetime of the parents, children cannot assert any legal right
whatsoever in respect of the property of their parents claiming exclusive
ownership or possession of the parents property. The mother certainly
122018 SCC Online Del 11640
13(2018) 6 Mah. L
14 2024 LiveLaw (Bom) 48.
ARS 21/26
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deserves to be maintained from her own tenement. The Petitioner has
no legal right whatsoever to oust the mother from her tenement so as to
make her roofless and/or deprive maintenance from her tenement.
31.Another perspective through the prism of which the matter can be
looked at is, the power conferred on the Tribunal under Section 23 of
the Senior Citizens Act, 2007. A plain reading of Section 23 indicates
that the Tribunal is conferred with the authority to declare a transfer,
made by the senior citizen in favour of the transferee, void if the
transferee refuses or fails to provide basic amenities and physical needs
to the transferor, post transfer. The power to declare a registered
instrument
inter vivos void and, resultantly, put the transferee – senior
citizen in possession of the property for failure of the condition
subsequent is, in a sense, drastic.
32.It is true, the measure to declare a transfer void is subsumed
under the Chapter of ‘Protection of life and property of senior citizen’.
However, if the provisions of the Act, are read as a whole, chapter by
chapter, section by section and word by word; which is the well-
established rule of interpretation, as recognised by the Supreme Court
in the case of Reserve Bank of India V/s. Peerless General Finance and
Investment Co. Ltd. and Ors.
15
, then if the Tribunal is empowered to
declare a transfer, which has already been effected by an instrument
inter vivos void, a fortiori the Tribunal expressing its power to enforce
15(1987) 1 SCC 424.
ARS 22/26
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the right of maintenance of a senior citizen and the corresponding
obligation of the child/relative would have the authority to order the
eviction of the child/relative who has unjustifiably deprived the senior
citizen of the use and occupation of her own property, or created an
atmosphere which renders it impossible for the senior citizen to occupy
his own property.
33.The decisions in the cases of Jitendera Megh (supra) and Samtola
Devi (supra) are required to be considered in the backdrop of the
aforesaid legal position which fairly emerges. From the perusal of the
decision in the case of Jitendera Megh (supra), it becomes abundantly
clear that the said decision was rendered in the peculiar facts as noted
in the observations of the Division Bench (extracted above). Likewise,
the decision in the case of Samtola Devi (supra) also turned on its own
facts. It may not be thus permissible to consider the import of the
decisions in the cases of Jitendera Megh (supra) and Samtola Devi
(supra), de hors the peculiar facts of those cases.
34. The upshot of the aforesaid consideration that it cannot be laid
down as an immutable and absolute rule of law that an application for
eviction simpliciter, sans the prayer for maintenance, is not
maintainable, even when the senior citizen claims that he has been
deprived of her property unlawfully or that he requires the property to
live a normal, dignified and peaceful life.
ARS 23/26
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35.Reverting to the facts of the case at hand, it appears that, the
allegations made against the Petitioner by the senior citizen find
support in the contemporaneous documents. The senior citizen had
filed a report leading to registration of a non cognizable case on 20
th
July 2022 to the effect that the Petitioner was raking up quarrels with
the senior citizen, in order to coerce him to sell his properties and pay
the money to the Petitioner. On 10
th
July 2022, the Petitioner had
abused the senior citizen on the said count.
36.In regard to the incident of 21
st
February 2023, which led to
registration of NCR No. 399 of 2023, the senior citizen reported that the
Petitioner returned home at the dead of the night under the influence of
liquor and barged into the house, abused the senior citizen and his
daughter-in-law. It is pertinent to note that, the images captured in the
CCTV clearly show that the Petitioner assaulted the senior citizen.
Further corroboration is found in the medical examination of the senior
citizen. The Medico Legal Papers record that the history of assault by
the son was narrated by the senior citizen.
37.Ms Parab attempted to salvage the position by canvassing a
submission that in 13 long years only two NC Reports were lodged. The
submission loses sight of the fact that generally parents do not take
recourse to the law enforcement agencies against their children. It is
only after all the options are exhausted that, by way of last resort, the
ARS 24/26
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matter is reported to the police. In the case at hand, evidently things
came to such a pass that the senior citizen was required to approach the
law enforcement agencies on more than one occasion to protect his life
and limb. The images in the CCTV footages are distressing, to say the
least. The Tribunals were thus justified in drawing an inference that to
allow the senior citizen to live a normal, peaceful and dignified life, it
was necessary to evict the Petitioner from the subject premises.
38.Indeed, there might have been disputes among the siblings,
steming out of the rival claims over properties. However, that does not
justify the conduct attributed to the Petitioner. The conduct of the
Petitioner, as borne out by the record, is reprehensible. The behaviour of
the Peteitoenr was such that the right of the senior citizen to live a
normal peaceful and dignified life was seriouisly jeopardised.
39.For the foregoing reasons, this Court in exercise of its supervisory
jurisdiction does not find any justifiable reason to interfere with the
impugned orders, especially after the orders have been implemented
and peace and normalcy in the life of the senior citizen have been
restored.
40.The Petition, therefore deserves to be dismissed.
41.Hence, the following order:
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: O R D E R :
(i) Petition stands dismissed.
(ii) Rule discharged.
No costs.
[N. J. JAMADAR, J.]
ARS 26/26
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