Senior Citizens Act : Tribunals empowered to pass eviction orders to protect senior citizens' rights
Patna High Court Upholds Eviction Order to Protect Senior Citizen's Rights. High court reaffirms the jurisdiction of Maintenance Tribunals under the Senior Citizens Act to ensure the dignity and security of senior citizens.
In a significant ruling, the Patna High Court has dismissed a Letters Patent Appeal filed by Shailesh Kumar @ Azad and others, thereby upholding the eviction order passed by the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The High Court's Division Bench, comprising Chief Justice P. B. Bajanthri and Justice Alok Kumar Sinha, emphasized the protective jurisdiction of the Maintenance Tribunals to ensure senior citizens' peaceful possession and dignity.
The appellants, who are nephews of the complainant senior citizen, challenged the eviction order on the grounds that the property in question was part of a joint family property and that issues of title and partition were already pending before a civil court. They argued that the Maintenance Tribunal exceeded its jurisdiction under Section 23 of the Act by directing eviction and disregarding their claims based on a family settlement deed and revenue receipts.
However, the High Court rejected these contentions, affirming that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is a beneficial legislation intended to protect senior citizens from neglect and deprivation of property. The court reiterated that the Tribunal's jurisdiction is summary and protective, focusing on ensuring the rights of senior citizens rather than adjudicating complex civil disputes related to title or ownership.
The Division Bench noted that the appellants had been given sufficient opportunity to present their case and that the principles of natural justice were not violated. The Tribunal's decision to order eviction was deemed necessary to restore the senior citizen's right to peaceful possession and ensure his dignity and security.
Citing precedents from the Supreme Court, the High Court underscored that the Maintenance Tribunals have the authority to pass eviction orders as a necessary incident of enforcing statutory protection under the Act. The court emphasized that the legislative intent is to provide real and effective protection to senior citizens, and the Tribunal's order was consistent with this objective.
The High Court's judgment reinforces the protective mandate of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, highlighting the importance of safeguarding the rights and dignity of senior citizens against unauthorized occupation and neglect.
Bottom Line:
Tribunals empowered to pass eviction orders under Section 23 to protect senior citizens' rights to peaceful possession and dignity. Proceedings under the Act are summary in nature and do not extend to adjudicating intricate questions of title, partition, or ownership.
Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23.
Shailesh Kumar @ Azad v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2791413
