Case Note & Summary
The case involves a writ petition filed by Suryakant Kisan Pawar, the son of respondent No.2, Smt. Kusum Kisan Pawar, a senior citizen. The mother owned a tenement admeasuring 300 sq. ft. in Mumbai, which was originally allotted to her after the redevelopment of the building where her deceased husband was a tenant. The mother approached the Parents and Senior Citizens Subsistence Tribunal under Sections 4, 5, and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, alleging that her son had dis-housed her from the tenement and was refusing to allow her to reside there. The Tribunal, by order dated 3 February 2018, directed the son to vacate the tenement and restore possession to the mother. The son challenged this order in the High Court. The High Court examined the facts and found that the mother was the lawful tenant and owner of the tenement, and the son had no right to exclude her. The Court held that the Act is a beneficial legislation intended to protect senior citizens, and the Tribunal has jurisdiction to order eviction of children from the senior citizen's property. The Court dismissed the petition, upholding the Tribunal's order and directing the son to vacate within four weeks. The Court also noted the son's conduct as shocking and against the spirit of the Act.
Headnote
A) Senior Citizens Act - Right to Residence - Section 4, Section 5, Section 23 - The mother, a senior citizen, was dis-housed from her only tenement by her son. The Tribunal ordered the son to vacate and restore possession. The High Court upheld the order, holding that the Act protects the right of senior citizens to reside in their own property and that the Tribunal has jurisdiction to pass such orders. (Paras 1-27)
B) Senior Citizens Act - Maintenance - Section 4 - The mother sought maintenance and protection of her right to residence. The Court held that the son's obligation to maintain his mother includes ensuring she has a roof over her head. The son's claim of ownership or agreement for sale does not defeat the mother's right under the Act. (Paras 2-27)
C) Senior Citizens Act - Tribunal's Powers - Section 23 - The Tribunal can declare a transfer of property by a senior citizen void if obtained by fraud or coercion, and can order eviction of children from the senior citizen's property. The Court upheld the Tribunal's order directing the son to vacate the tenement. (Paras 23-27)
Issue of Consideration
Whether the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has jurisdiction to order the eviction of a son from a tenement owned by his senior citizen mother and to restore possession to the mother.
Final Decision
The High Court dismissed the writ petition and upheld the Tribunal's order dated 3 February 2018. The son was directed to vacate the tenement within four weeks and restore possession to the mother.
Law Points
- Maintenance and Welfare of Parents and Senior Citizens Act
- 2007
- Section 4
- Section 5
- Section 23
- Right of senior citizen to reside in property
- Tribunal's jurisdiction to order eviction of children
- Protection of senior citizens from dis-housing
- Son's obligation to maintain mother
Case Details
2022 LawText (BOM) (01) 44
Writ Petition No.2141 of 2019
Mr. Akshay Petkar with Mr. Aniket Mali, for Petitioner; Mr. Himanshu Takke, AGP for Respondent No.1; Mr. P. R. Yadav with Mr. Saumitra Salunke for Respondent No.2
1. Deputy Collector, Mumbai and Presiding Officer Parents and Senior Citizens Subsistence Tribunal, Mumbai City, 2. Smt. Kusum Kisan Pawar
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of Parents and Senior Citizens Subsistence Tribunal directing son to vacate tenement owned by his senior citizen mother.
Remedy Sought
Petitioner (son) sought to quash the Tribunal's order dated 3 February 2018 directing him to vacate the tenement and restore possession to his mother.
Filing Reason
The mother, a senior citizen, was dis-housed from her only tenement by her son, who refused to allow her to reside there. She approached the Tribunal under the Senior Citizens Act.
Previous Decisions
The Tribunal passed an order on 3 February 2018 directing the son to vacate the tenement and restore possession to the mother.
Issues
Whether the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has jurisdiction to order eviction of a son from a senior citizen's property.
Whether the mother's right to reside in her own tenement can be defeated by the son's claim of ownership or agreement for sale.
Submissions/Arguments
Petitioner (son) argued that he is the owner of the tenement by virtue of an agreement for sale and that the Tribunal had no jurisdiction to order eviction.
Respondent No.2 (mother) argued that she is the lawful tenant and owner of the tenement, and the son has no right to exclude her. The Act protects her right to residence.
Ratio Decidendi
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a beneficial legislation intended to protect senior citizens. The Tribunal has jurisdiction under Sections 4, 5, and 23 to order eviction of children from the senior citizen's property and to restore possession to the senior citizen. The son's claim of ownership or agreement for sale does not defeat the mother's right to reside in her own property.
Judgment Excerpts
The plight of a benighted widowed mother, a senior citizen, to gain a roof over her head in a tenement of 300 sq.feet owned by her and the hard struggle faced by her from one of her sons, is the subject matter of the present unfortunate proceedings.
The facts are quite peculiar and to some extent which would shock the conscience of the Court.
Procedural History
The mother filed an application before the Parents and Senior Citizens Subsistence Tribunal, Mumbai City, under Sections 4, 5, and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Tribunal passed an order on 3 February 2018 directing the son to vacate the tenement. The son challenged this order by filing Writ Petition No.2141 of 2019 before the Bombay High Court. The High Court reserved judgment on 10 December 2021 and pronounced it on 18 January 2022, dismissing the petition.
Acts & Sections
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Section 4, Section 5, Section 7, Section 23
