Bombay High Court Quashes Eviction Order Against Son Under Senior Citizens Act

Court Rules Eviction Must Be Linked to Maintenance Claims, Quashes Tribunal Orders

In a significant ruling, the Bombay High Court has set aside an eviction order against Jitendra Gorakh Megh, who was directed to vacate his father's property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court emphasized that eviction under the Act must be connected to a claim for maintenance and protection, thus quashing the orders of both the Tribunal and the Appellate Tribunal.

The judgment, delivered by the division bench of Justices R.I. Chagla and Farhan P. Dubash, addressed the misuse of the Act as a tool for summary eviction without fulfilling statutory requirements. The senior citizen had sought the eviction of his son from a bungalow in Mumbai without claiming maintenance, prompting the court to clarify that eviction orders must not be used to resolve property disputes, especially when proprietary rights are under litigation in civil courts.

Jitendra Megh, appearing in person, argued that his father, the senior citizen, never resided in the disputed property and owned several other properties, making the eviction unnecessary. He pointed out that the senior citizen's application was a counterblast to a partition suit filed by him, seeking a share in the ancestral property.

The court noted the senior citizen's financial well-being and the absence of any claim for maintenance, rendering the eviction application unsustainable. It reiterated that the Act is a beneficial statute meant to protect vulnerable senior citizens but cannot be used to summarily evict children without adhering to statutory norms.

The court also attempted to mediate between the parties, proposing a shared occupancy arrangement in the bungalow, which the senior citizen rejected. Ultimately, the court quashed both the eviction and appellate orders, upholding the principles of fairness and statutory adherence in such familial disputes.

Bottom Line:

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used as a tool for summary eviction of a child without the fulfilment of statutory requirements. Eviction under the Act must be linked to a claim for maintenance and protection.

Statutory provisions: Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Sections 4, 5, 9, 23.

Jitendra Gorakh Megh v. Additional Collecter & Appellate Tribunal, (Bombay)(DB) : Law Finder Doc id # 2819458