Tribunal's Power to Evict Upheld Despite Title Disputes Under Maintenance and Welfare of Parents and Senior Citizens Act
In a significant judgment, the Chhattisgarh High Court has upheld the eviction order against Devendra Khanna and another, reinforcing the protective measures under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court emphasized that the primary objective of the Act is to ensure the safety, dignity, and peaceful residence of senior citizens, even in cases where ownership disputes are asserted.
The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, heard the intra-court writ appeal challenging the eviction order passed by the Maintenance Tribunal and affirmed by the Appellate Tribunal. The appellants, Devendra Khanna and his daughter-in-law, claimed independent ownership of the property based on a registered sale deed, contending that the Tribunal lacked jurisdiction over title disputes.
The court, however, clarified that the Tribunal's jurisdiction under the Act is not to adjudicate complex property title disputes but to protect senior citizens from harassment and ensure their peaceful residence. The assertion of ownership by the appellants could not nullify the Tribunal's proceedings aimed at safeguarding the rights of the senior citizen, respondent No.3.
The judgment highlighted that the Act's term "maintenance and welfare" extends beyond monetary support to include ensuring a safe and dignified living environment for senior citizens. The court found that the Tribunal acted within its jurisdiction to order eviction to protect respondent No.3, aged 93, from alleged harassment and abuse by the appellants.
Despite the appellants' argument citing Article 300A of the Constitution regarding the right to property, the court noted that eviction orders do not offend this right when issued to protect senior citizens' welfare. The court also emphasized that any title dispute could be separately addressed in competent civil or revenue forums, without impeding the Tribunal's protective jurisdiction.
Dismissing the appeal, the court upheld the concurrent findings of the statutory authorities and the Single Judge, asserting that no jurisdictional error or illegality was demonstrated. The judgment underscores the intent of the Maintenance and Welfare of Parents and Senior Citizens Act to provide immediate relief and protection to senior citizens against neglect and harassment.
Bottom Line :
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Tribunal's power of eviction can be exercised to secure the peaceful residence, safety, and dignity of senior citizens, even in cases where disputes of title are asserted, provided the relief is not in the nature of a declaration of title.
Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23, Constitution of India Article 300A
Devendra Khanna v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2966469
