On breach of obligation, tribunal under senior citizens law can order eviction of child: Supreme Court

New Delhi: The Supreme Court has said a tribunal set up under the Maintenance and Welfare of Senior Citizens Act, 2007 is well within its powers to order eviction of a child or a relative from the property of a senior citizen, when there is a breach of the obligation to maintain such people.

A bench of Justices Vikram Nath and Sandeep Mehta allowed a plea filed by Kamalakant Mishra against the Bombay High Court's order which set aside the tribunal's direction to evict his one of three sons, a businessman, from the properties bought by him in Mumbai, since the respondent was also a senior citizen.

Mishra, 80, with his wife, 78, had moved to Uttar Pradesh, leaving their children behind in these properties. Respondent No. 3, his oldest son, had taken the properties in his possession, and he did not allow the appellant to reside in there.

On his plea, the tribunal directed eviction of the son and payment of Rs 3,000 to the appellant per month.

On the son's appeal, the high court held, the tribunal does not have the jurisdiction to pass an order for vacation of the property against a senior citizen. 

The high court in allowing the appeal has proceeded on the presumption that the respondent is also a senior citizen as per section 2(h) of the Act, as his date of birth is July 04, 1964. It observed that the tribunal could not have allowed appellant’s complaint since it was made against another senior citizen. 

"This in our view is erroneous. The record shows that the appellant had moved an application before the tribunal on July 12, 2023 and at that point in time, the respondent’s age was 59 years. Relevant date for consideration would be the date of filing the application before the Tribunal," the bench said.

The court emphasised the framework of the 2007 Act clearly noted that the law was enacted to address the plight of older persons, for their care and protection. 

"Being a welfare legislation, its provisions must be construed liberally so as to advance its beneficent purpose. This court on several occasions has observed that the tribunal is well within its powers to order eviction of a child or a relative from the property of a senior citizen, when there is a breach of the obligation to maintain the senior citizen," the bench said.

The court noted, in the present case, despite being financially stable, the respondent has acted in breach of his statutory obligations in not allowing the appellant to reside in the properties owned by him, thereby frustrating the very object of the Act. 

"The High Court fell in error in allowing the writ petition on a completely untenable ground," the bench said, ordering the respondent to give an undertaking that he would vacate the properties by November 30, 2025.