Forums Under Senior Citizens Act Cannot Adjudicate On Claims of Property Ownership: Delhi High Court

The Delhi High Court has observed that forums or authorities under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot adjudicate and undertake a trial with respect to the issues concerning civil and property rights of the warring parties.

Justice Yashwant Varma said the question regarding claim of ownership in a property cannot form subject matter of consideration or adjudication in proceedings under the Act.

"The forums constituted under the 2007 Act are neither obliged nor required to undertake a trial with respect to the civil and property rights that may be claimed by the warring factions. Those issues must be ultimately left to be conclusively adjudicated by the competent civil courts," the court said in an order passed on September 26.

The court further observed that in the proceedings initiated under the Act, the authorities, after finding that the senior citizens have validly claimed an interest in the property, can proceed ahead and evaluate steps that would be warranted to be taken in order to safeguard and secure their interest.

"Ultimately the authorities administering the said enactment have to bear in mind and accord primacy to the issues of ill treatment of the senior citizens and their right to a secured existence," it said.

The court thus dismissed a plea filed by two individuals challenging the orders passed by the District Magistrate and Divisional Commissioner in respect of proceedings initiated by senior citizens under the Act.

The District Magistrate had proceeded to frame directions requiring the petitioners to vacate the premises in question after finding that the allegations of ill treatment and harassment on senior citizens were duly proven. The said view was also affirmed by the Divisional Commissioner in appeal.

The senior citizens had referred to an altercation that occurred in the year 2018 as a consequence of which the relationship between them and the petitioners had broken down and soured.

Upon the assurance that the incidents of ill treatment would not be repeated, the senior citizens had inducted the petitioners back into the premises. However, since there was no change in their conduct, the senior citizens instituted proceedings under the Act.

"In view of the aforesaid and bearing in mind the fact that the petitioners have failed to establish that they were in fact maintaining and looking after the senior citizens or assailing the findings with respect to harassment and ill treatment, the Court finds no justification to interfere with the view as taken by the Divisional Commissioner," said the court.

Title: ANMOL AND ANOTHER v. SUSHILA

Citation: 2022 LiveLaw (Del) 938

Click Here To Read Order