Case Note & Summary
The judgment involves two clubbed writ petitions filed under Articles 226 and 227 of the Constitution of India challenging an order dated 29.01.2020 passed by the Tribunal for Maintenance and Welfare of Parents and Senior Citizens in proceedings No. MSC.CR.106/2018-19. The mother, Smt. Krishnaveni, aged about 71 years, is the owner of two properties: a Municipal Corporation bearing No. 988 at HSR Layout (HSR property), allotted by BDA and purchased under sale deed dated 07.06.2001, and a residential property bearing No. 149, Karnataka Layout, Mahalakshmipuram (Mahalakshmipuram property), purchased under sale deed dated 02.12.1992. She is also founder of educational institutions. Her son and daughter-in-law (respondent Nos. 2 and 3 in WP 4280/2024) were given directorships and later began residing in the Mahalakshmipuram property on the premise of temporary accommodation. The mother alleged that the son and daughter-in-law, taking advantage of her age, got her to execute a gift deed for the HSR property in their favor, subsequently misappropriated institutional funds, and on 15.07.2017 forcibly evicted her and her husband from the Mahalakshmipuram property. The mother approached the Senior Citizens Tribunal seeking recovery of possession of the Mahalakshmipuram property and reconveyance of the HSR property. The Tribunal, by order dated 29.01.2020, directed the son and daughter-in-law to reconvey the HSR property and to accommodate the mother in the Mahalakshmipuram property within 30 days. The mother filed WP No. 4280/2024 contending that the direction to accommodate her in her own property was perverse and that she should be given full possession. The son and daughter-in-law filed WP No. 11886/2021 seeking to quash the entire Tribunal order, alleging that they had contributed to the family and educational institutions, and that misunderstandings were due to relatives. Both petitions were heard together, and the court reserved orders on 24.04.2025. The extracted text of the judgment contains only the factual background and reliefs sought; the court's analysis, findings, and the final decision are not included in the provided excerpt. Therefore, the outcome of the petitions is not available.
Issue of Consideration
Case Details
2025 LawText (KAR) (05) 2
WP No. 4280 of 2024 C/W WP No. 11886 of 2021
Jaykumar S. Patil, Patil Sumanth Kumar, R. Padmanabha, Mahantesh Shettar
Sri N Yogesh and Smt Shweta Y R
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution challenging an order passed by the Tribunal for Maintenance and Welfare of Parents and Senior Citizens regarding property rights and residence of a senior citizen.
Remedy Sought
The mother sought a writ of certiorari to set aside the Tribunal's direction requiring the son and daughter-in-law to accommodate her in the Mahalakshmipuram property and a writ of mandamus to hand over possession of the property. The son and daughter-in-law sought a writ of certiorari to quash the entire Tribunal order dated 29.01.2020.
Filing Reason
The mother alleged that the son and daughter-in-law forcibly occupied her house, misappropriated funds, and failed to maintain her, forcing her to live in a rented accommodation. The son and daughter-in-law alleged family misunderstandings and claimed that the order was unjustified.
Previous Decisions
The Tribunal, by order dated 29.01.2020 in Misc.Cr.106/2018-19, directed the son and daughter-in-law to reconvey the HSR property and accommodate the mother in the Mahalakshmipuram property within 30 days.
Judgment Excerpts
The Mother contends that such an order is perverse inasmuch as the Mahalakshmipuram property belongs to her, which is under the forceful occupation of the Son and daughter-in-law.
The Son and daughter-in-law have also filed false police complaints, which have continued the harassment against her.
Procedural History
The mother filed an application before the Tribunal for Maintenance and Welfare of Parents and Senior Citizens (Misc.Cr.106/2018-19) seeking recovery of possession of the Mahalakshmipuram property and reconveyance of the HSR property. The Tribunal passed an order on 29.01.2020 directing the son and daughter-in-law to reconvey the HSR property and accommodate the mother in the Mahalakshmipuram property. The son and daughter-in-law filed WP No. 11886/2021 challenging the entire order. The mother filed WP No. 4280/2024 challenging the order to the extent it directed accommodation rather than giving full possession. Both writ petitions were clubbed and heard together; the court reserved orders on 24.04.2025 and pronounced the judgment on 27.05.2025, but the substantive decision is not included in the provided excerpt.
Acts & Sections
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: 16
