Maintenance Tribunal cannot decide on property possession cases between senior citizens: Bombay High Court
The Bombay High Court has ruled that a senior citizen cannot seek eviction of another senior citizen through the Senior Citizen Tribunal
The Bombay High Court has ruled that the Maintenance and Welfare of Senior Citizens Tribunal, established under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, does not have the authority to adjudicate possession recovery cases when both parties are senior citizens.
The court also stated that a senior citizen cannot file a suit for recovery of possession against another senior citizen under the provisions of the Act, according to a report by Live Law.
According to the report, Justice Sandeep V. Marne emphasised that such cases can be adjudicated only by a civil court. The ruling came in response to a dispute between two senior citizen sisters over property possession. The court quashed the tribunal's order, calling it a 'gross abuse of jurisdiction,' according to a report published LiveLaw.
The Bombay High Court observed that a suit for recovery of possession of premises cannot be entertained.
Justice Sandeep Marne observed that this clearly appears to be proceedings for recovery of possession of first-floor premises, which, in his view, cannot be filed by involving the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, the report said. This is a special law meant for senior citizens’ maintenance.
Marne added that the proceedings appeared to him to be in the nature of a suit for recovery of premises, which the tribunal could not have entertained and decided. “To make the case of respondent no: 2 worse, petitioner no: 1 is her sister and also a senior citizen,” he said.
The jurisdiction of the Maintenance Tribunal cannot be involved by one senior citizen in recovering possession of premises from another citizen, the report added.
The case was filed by a younger sister who had petitioned before the High Court against the tribunal’s order. She had sought the eviction of her elder sister from the first floor premises alleging encroachment.
"In my view, therefore, the present cases involve gross abuse of jurisdiction of the tribunal which is utilised to secure possession of first-floor premises from one senior citizen by another senior citizen," the report said.
Also Read: Senior citizens housing policy: Easy healthcare access in new housing projects
In the order dated March 10, the High Court had permitted the petitioners to retain the premises but had clarified that the younger sibling could pursue the recovery only through a civil court. It also noted that the High Court had entertained the case due to its unique circumstances and noted that it should not be seen as a precedent.
