Senior Citizen Act: Tribunal can pass eviction order in compelling circumstances, rules HC

Justice M Nagaprasanna said this while upholding order passed by Assistant Commissioner of Ballari, ordering eviction of a daughter-in-law, based on a complaint filed by the mother-in-law.

Bengaluru: A tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act can justifiably pass an eviction order, only in a compelling circumstance, where the protection, dignity and welfare of a senior citizen so demand, the Dharwad bench of the high court has said in a recent judgement.

Justice M Nagaprasanna said this while upholding the order passed by Assistant Commissioner of Ballari, ordering eviction of a daughter-in-law, based on a complaint filed by the mother-in-law.

After the death of her husband, the daughter-in-law’s relationship with her mother-in-law had turned sour. The mother-in-law was forced to shift to an outhouse. The mother-in-law then approached the legal cell, who in turn submitted a petition before the Assistant Commissioner by registering a complaint.

On June 17, 2025, the Assistant Commissioner passed an eviction order against the daughter-in-law and her children to vacate the house in her possession at Siddarth Nagar, Ballari city. The daughter-in-law challenged this order before the high court contending that the Assistant Commissioner does not have the jurisdiction to pass an eviction order while entertaining a petition filed by a senior citizen under Section 23 of the Act. On the other hand, the mother-in-law argued that her son had passed away about eight years ago and thereafter, the daughter-in-law had been living in Andhra Pradesh along with her children.

The court perused various judgements on the question of power to pass eviction orders under the Senior Citizens Act. The court in particular cited the Apex Court judgement in the Samtola Devi case as well as another Madhya Pradesh high judgement in similar instances.

“The Senior Citizens Act does not in express terms contemplate a general power to initiate eviction against an occupant of the premises owned, by or belonging to a senior citizen. It is only in a compelling circumstance, qua the facts obtained in every case, where the protection, dignity and welfare of a senior citizen so demand, that the Tribunal by justifiably pass an eviction order. The jurisdiction is extraordinary to be invoked where rights of the elderly are to be protected,” Justice Nagaprasanna said.

The court further said, “The senior citizen in the case at hand has been housed in the outhouse, depriving the senior citizen of dignified access to her own home, as the house is in the possession of the petitioner, who does not reside in the said premises. The petitioner, having shifted residence to Andhra Pradesh after her husband’s demise, cannot insist on retaining the premises on the basis of frayed relationship with the senior citizen.”