Senior citizens welfare act for safeguarding vulnerable persons, not to be misused for eviction: HC

Mumbai, Dec 8 (PTI) The provisions of Maintenance and Welfare of Parents and Senior Citizens Act are to safeguard the vulnerable and cannot be misused for summary eviction, the Bombay High Court said on Monday while quashing an eviction order against a 53-year-old man.

A bench of Justices R I Chagla and Farhan Dubash noted that an eviction order cannot be passed under the Act without any maintenance claim made by the senior citizen.

"The Act is a beneficial statute intended to safeguard the vulnerable (senior citizen), but it cannot be (mis) used by the senior citizen as a tool for summary eviction," the HC said while quashing an October order passed by a tribunal directing a man to evict and hand over possession of a bungalow owned by his 75-year-old father.

The tribunal had passed the order on an application filed by the senior citizen, a retired IAS officer, against his son alleging mental pressure.

The HC, in its order noted, that the senior citizen has not made any allegations of harassment or torture against his son.

The son then moved HC against the eviction order.

The senior citizen claimed he had allowed his son to occupy the premises out of love and affection but the latter, who is unemployed since several years, started illegally using the premises for commercial purposes.

The father opposed his son's plea in HC and said he was not seeking any financial assistance from the latter.

The HC noted that the senior citizen has been living in a separate apartment along with his wife (the petitioner's step mother) and has never lived in the bungalow where his son was residing.

The bench also relied on an agreement between the petitioner and his father in 2013 wherein the petitioner was permitted to not only reside in the bungalow but also conduct his business for as long as he wants and without paying any money to his father.

The court further said the petitioner was incurring expenditure for the premises including maintenance, property and water tax and electricity.

The bench said the application filed by the senior citizen seeking eviction of his son was a counter blast to the partition suit filed by the petitioner.

"In fact, the senior citizen is financially well-to-do and owns several other immovable properties, both residential and commercial and instead, the petitioner (if evicted from the premises) would not have any other roof over his head," the HC said. PTI SP BNM