Case Note & Summary
The petitioners, son and daughter-in-law of respondents 2 and 3, challenged an order dated 21.01.2020 passed by the Tribunal constituted under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Tribunal had directed the petitioners to vacate the self-acquired residential house of respondents 2 and 3. The petitioners argued that the Act does not provide for a remedy of eviction and that the Tribunal committed a jurisdictional error by treating the application under Section 5 as a suit for eviction. The respondents, parents of petitioner 1, contended that an order of eviction can be passed to ensure the security and safety of parents and senior citizens. The High Court examined the provisions of the Act and held that Section 5 only empowers the Tribunal to order maintenance and protection, not eviction. The court noted that the Act does not envisage a remedy of eviction, and the Tribunal exceeded its jurisdiction. Consequently, the impugned order was quashed and set aside, and the petition was allowed.
Headnote
A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 5 - Eviction - Jurisdiction - The Tribunal under Section 7 of the Act does not have the power to order eviction of children or relatives from the property of senior citizens under Section 5 of the Act. The Act only provides for maintenance and protection, not eviction. The order directing the petitioners to vacate the residential house was held to be without jurisdiction and quashed. (Paras 1-5)
Issue of Consideration
Whether the Tribunal constituted under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the jurisdiction to pass an order of eviction under Section 5 of the Act.
Final Decision
The impugned order dated 21.01.2020 is quashed and set aside. The writ petition is allowed.
Law Points
- Maintenance and Welfare of Parents and Senior Citizens Act
- 2007
- Section 5 does not empower Tribunal to order eviction
- Jurisdictional error
- Remedy of eviction not envisaged under Act
Case Details
2022 LawText (BOM) (04) 121
Writ Petition No.2035 of 2020
Mr. Lubesh Meshram, Mr. Sourabh Singha for Petitioners; Mr. N. R. Rode, AGP for Respondent 1/State; Mr. P. S. Wathore for Respondents 2 and 3
Namdeo S/o. Babuji Bangde and Geeta w/o. Namdeo Bangde
State of Maharashtra, Babuji Bangde, Sushilabai w/o. Babuji Bangde, State of Maharashtra through Assistant Superintendent (Home) Additional District Magistrate
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Nature of Litigation
Writ petition challenging order of eviction passed by Tribunal under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Remedy Sought
Petitioners sought quashing of order dated 21.01.2020 directing them to vacate the residential house.
Filing Reason
Petitioners were directed to vacate the self-acquired residential house of respondents 2 and 3 by the Tribunal.
Previous Decisions
Order dated 21.01.2020 passed by the Tribunal constituted under Section 7 of the Act.
Issues
Whether the Tribunal under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has jurisdiction to order eviction under Section 5 of the Act.
Submissions/Arguments
Petitioners argued that the Act does not envisage a remedy of eviction and the Tribunal committed jurisdictional error.
Respondents argued that an order of eviction can be passed to ensure security and safety of parents and senior citizens.
Ratio Decidendi
The Tribunal under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not have the power to order eviction under Section 5 of the Act. The Act only provides for maintenance and protection, not eviction.
Judgment Excerpts
The thrust of the submissions advanced by the petitioners is that the Act does not envisage a remedy of eviction, and the Tribunal committed a jurisdictional error in virtually treating the application under Section 5 of the Act as a suit for eviction.
In order to appreciate the rival contentions, it would be necessary to note the contents of the application preferred under Section 5 of the Act and the response.
Procedural History
The petitioners filed a writ petition in the High Court of Judicature at Bombay, Nagpur Bench, challenging the order dated 21.01.2020 passed by the Tribunal constituted under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Acts & Sections
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Section 5, Section 7
