The Supreme Court has held that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 have the power to order eviction of children or other occupants from a senior citizen's property when such eviction is necessary to ensure the senior citizen's maintenance and protection.

A Bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe set aside the Allahabad High Court's orders which had held that authorities under the 2007 Act lacked the power to pass eviction orders. The Supreme Court restored the eviction orders passed by the statutory authorities against the son and daughter-in-law of an elderly woman's son.

81-Year-Old Mother Forced to Leave House

The case concerned a residential property in Vikas Nagar, Lucknow, owned by appellant Ravi Kant Gupta.

The respondent No. 4 was Gupta's son, while respondent No. 5 was his wife. According to the case, Gupta's 81-year-old mother was forced to leave the premises and had to reside at an old-age facility.

Gupta therefore approached the District Magistrate under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking eviction of his son from the property.

SDM Ordered Eviction of Son

The Sub-Divisional Magistrate, by an order dated November 15, 2022, found that the premises was the appellant's self-acquired property.

The SDM also recorded that the son had not permitted his grandmother to stay in the premises and had created nuisance. The authority consequently directed the son's eviction from the property.

The son and daughter-in-law challenged the order before the District Magistrate under Section 16 of the 2007 Act. The District Magistrate dismissed their appeal on August 9, 2023, affirming the eviction order and directing them to hand over possession of the premises to the appellant.

Allahabad High Court Set Aside Eviction Orders

The son and daughter-in-law thereafter approached the Allahabad High Court at Lucknow.

The High Court, relying upon its earlier decision in Abhishek Tiwari and Another v. State of U.P., held that the authorities under the 2007 Act did not have the power to order eviction.

It consequently quashed the SDM's order dated November 15, 2022 and the District Magistrate's order dated August 9, 2023.

The appellant's review petition was also dismissed by the High Court on January 29, 2024.

Supreme Court: Tribunal Has Power to Order Eviction

The Supreme Court disagreed with the High Court.

The Bench emphasised that the dignity, respect and security afforded to elderly persons are important indicators of a civilized society. It referred to Article 21 of the Constitution, as interpreted by the Court, and Article 41, which envisage protection of vulnerable persons and the ability to live with dignity.

The Court observed that Parliament enacted the 2007 Act to provide a speedy remedy to senior citizens and to ensure that old age does not become synonymous with neglect, insecurity or indignity.

Sections 7, 8 and 27 Support Eviction Power

The Court examined the statutory scheme of the 2007 Act.

Under Section 7, tribunals are constituted to deal with claims under the Act. Section 8 empowers these tribunals to conduct inquiries through a summary procedure and gives them powers of a Civil Court for that purpose.

The Court also noted that Section 27 bars the jurisdiction of Civil Courts in matters covered by the Act.

Applying the principle that when a statute confers jurisdiction it also impliedly confers the powers necessary to effectively exercise that jurisdiction, the Supreme Court held that the tribunal has the power to order eviction where necessary to ensure the maintenance or protection of a senior citizen.

Supreme Court Relies on Earlier Judgments

The Bench referred to its earlier three-Judge Bench decision in S. Vanitha v. Deputy Commissioner, Bengaluru Urban District, where the Court had recognised that a tribunal under the 2007 Act may have the authority to order eviction when necessary and expedient for the maintenance and protection of a senior citizen or parent.

The Court also referred to Samtola Devi v. State of U.P. and Kamalakant Mishra v. Additional Collector, which reiterated the power of the tribunal to order eviction in appropriate circumstances.

The Supreme Court expressly stated that it was in respectful agreement with these earlier decisions.

Eviction Orders Restored

The Supreme Court therefore held that the Allahabad High Court had erred in relying upon its earlier judgment to conclude that the authorities lacked eviction powers.

The Court set aside the High Court's judgment dated October 6, 2023 and review order dated January 29, 2024, and restored the eviction orders passed by the authorities under the 2007 Act.

The appeals filed by Ravi Kant Gupta were accordingly allowed, with no order as to costs.

Key Legal Principle

Senior Citizen Tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can order eviction of children or other occupants where such eviction is necessary and expedient to ensure the maintenance and protection of a senior citizen or parent.

Case Details

Ravi Kant Gupta v. State of Uttar Pradesh & Ors. SLP(C) Diary No. 22768 of 2024

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