The Supreme Court has reiterated that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, have the power to order the eviction of children from a senior citizen’s property when necessary to ensure the parent’s maintenance, protection and dignity.
A Bench of Justice PS Narasimha and Justice Alok Aradhe observed,that it is unambiguously affirmed that the tribunal operating pursuant to the Act possesses the statutory power to order eviction to safeguard the maintenance and protection of senior citizens
The Court set aside an Allahabad High Court judgment that had overturned orders directing the eviction of a son and daughter-in-law from the self-acquired property of Ravi Kant Gupta in Vikas Nagar, Lucknow.
The case arose after Gupta’s 81-year-old mother was allegedly forced to leave the family residence and live in an old-age facility. Gupta approached the District Magistrate in June 2022 seeking eviction of his son under the 2007 Act.
The Sub-Divisional Magistrate subsequently found that the property was Gupta’s self-acquired property and that his son had allegedly prevented his grandmother from staying there and created a nuisance. The SDM ordered the son’s eviction.
The District Magistrate upheld the decision in August 2023 and directed Gupta’s son and daughter-in-law to hand over possession of the property. They challenged the orders before the Allahabad High Court. The High Court, relying on an earlier ruling, held that the 2007 Act did not empower authorities to order eviction and consequently quashed the orders.
The Supreme Court disagreed, holding that tribunals under the Act are empowered to order eviction when it is necessary for the welfare and protection of senior citizens.
The Bench noted that Section 7 establishes tribunals, while Section 8 gives them powers to conduct inquiries through a summary procedure with certain powers of a civil court. Section 27 bars the jurisdiction of civil courts.
The Court held that where legislation confers jurisdiction, it also impliedly confers the powers necessary to effectively exercise that jurisdiction.
Referring to its three-Judge Bench judgment in S. Vanitha v. Deputy Commissioner, the Court noted that eviction may be ordered where necessary to ensure the maintenance and protection of a senior citizen or parent and can constitute an incident of enforcing the right to maintenance and protection.
The Court also emphasised that the 2007 Act seeks to ensure that senior citizens can live with dignity, security and respect, consistent with the constitutional values embodied in Articles 21 and 41.
Allowing Gupta’s appeal, the Supreme Court restored and affirmed the eviction orders against his son and daughter-in-law.
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