[S. 23(2) Senior Citizens Act] Magistrate Can Evict Occupant From Senior Citizens' Estate To Ensure Well Being: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that the Tribunal/Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizen Act) during the enforcement of the right to receive maintenance against the transferee of senior citizen's property, can evict the transferee if it is necessary to ensure the well being of the senior citizen.

A division bench of Justice Deepak Sibal and Justice Deepak Manchanda said, "Section 23(2) (Senior Citizen Act) of covers a situation where a senior citizen has a right to receive maintenance out of an estate. If any right or interest in that estate or part thereof is transferred, the senior citizen would have the right to receive maintenance against the transferee. It the transteree curtails such right, the senior citizen can get his right to receive maintenance enforced against the transferee through the Tribunal. During the course of enforcement of such right, if it is necessary to ensure the senior citizen's well being, the Tribunal would have the power to order eviction of the transferee from the senior citizen's estate or part thereo. The exercise of such power by the Tribunal would be to ensure the senior citizen's maintenance and/or protection."

These observations were made while hearing an appeal against a single judge's decision wherein it was held that on an application filed by a senior citizen under the Senior Citizens Act if the Magistrate observes that the senior citizen is not being maintained properly by the occupant of his estate, the Magistrate can order the occupant's eviction. 

The application before the Magistrate was filed by a 72-year-old father, a retired IAF officer, against his son and daughter-in-law, seeking their eviction from his property. It was alleged that they had made his life miserable, and on several occasions and had used foul language and said filthy words to him & attempted to physically beat him.

It was also stated that the appellants used to threaten him by saying that they would throw him out of his own house.

After considering the submission, the bench noted that the application filed before the Tribunal under Section 23(2) of the Senior Citizens Act has not been questioned on the factual aspects.

It noted that the only issue raised on behalf of the appellants was that while considering an application filed by the senior citizen under Section 23(2) of the Senior Citizens Act, the Magistrate (Tribunal) had no power to order the appellants' eviction.

Perusing Section 23(1) of the Senior Citizen Act, the Court observed that if a senior citizen, after the commencement of the Senior Citizens Act, had transferred his property in exchange for basic amenities & fulfillment of his physical needs by the transferee who failed to meet such conditions, then such transfer shall be deemed to have been made unlawfully, and be liable to cancellation.

It was held that Section 23(2) covers a situation where a senior citizen has a right to receive maintenance out of an estate. If any right or interest in that estate or part thereof is transferred, the senior citizen would have the right to receive maintenance against the transferee, the bench opined.

If the transferee curtails such right, the senior citizen can get his right to receive maintenance enforced against the transferee through the Tribunal. During the course of enforcement of such right, if it is necessary to ensure the senior citizen's well being, the Tribunal would have the power to order eviction of the transferee from the senior citizen's estate or part thereof. The exercise of such power by the Tribunal would be to ensure the senior citizen's maintenance or protection, the Court said.

In light of the above, the Court upheld the single judge's decision and dismissed the appeal.

Appearance: Arpandeep Narula, Advocate for the appellants.

Citation: 2024 LiveLaw (PH) 53

Title: Naresh Kumar and another v. The Appellate Tribunal, Maintenance and Welfare of Parents and Senior Citizens Act. 2007 and others

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