Tribunals under senior citizens protection law can order eviction: SC [Read Judgment]

NEW DELHI: The Supreme Court on Thursday said Tribunals set up under the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 can order eviction and transfer of possession from the properties.

The court held that the 2007 law was beneficial piece of legislation, aimed at securing the rights of senior citizens, in view of the challenges faced by them.

Supreme Court Upholds Tribunals’ Power to Evict Under Senior Citizens Act

A bench of Justices C T Ravikumar and Sanjay Karol said, "It cannot be said that the Tribunals constituted under the Act, while exercising jurisdiction under Section 23, cannot order possession to be transferred."

The court said holding a different view would defeat the purpose and object of the Act, which is to provide speedy, simple and inexpensive remedies for the elderly.

Senior Citizens’ Rights Strengthened: SC Validates Eviction Orders by Tribunals

"Tribunals under the Act may order eviction if it is necessary and expedient to ensure the protection of the senior citizen. Therefore, it cannot be said that the Tribunals constituted under the Act, while exercising jurisdiction under Section 23, cannot order possession to be transferred," the bench said.

It set aside the Madhya Pradesh High Court's division bench judgment of October 31, 2022, which quashed a single judge bench order upholding the decision of the tribunal.

The tribunal had set aside of gift deed of September 09, 2019 made by appellant Urmila Dixit in favour  her son Sunil Sharan Dixit and others in respect of a property acquired by her in 1968. She claimed her son and others had then given a 'vachan patra', promissory note that they will take care of her till the end of her life.

In her plea, the appellant claimed the undertaking stood grossly unfulfilled. She filed a petition under Section 23, claiming there is a breakdown of peaceful relations inter se the parties.

The bench quashed the gift deed and ordered for restoration of the property to the appellant by February 28, 2025.

"In our considered view, the relief available to senior citizens under Section 23 is intrinsically linked with the statement of objects and reasons of the Act, that elderly citizens of our country, in some cases, are not being looked after. It is directly in furtherance of the objectives of the Act and empowers senior citizens to secure their rights promptly when they transfer a property subject to the condition of being maintained by the transferee," the bench said.

The court also noted the preamble of the Act stated that it is intended towards more effective provisions for maintenance and welfare of parents and senior citizens, guaranteed and recognised under the Constitution.

"Therefore, it is apparent, that the Act is a beneficial piece of legislation, aimed at securing the rights of senior citizens, in view of the challenges faced by them. It is in this backdrop that the Act must be interpreted and a construction that advances the remedies of the Act must be adopted," the bench said.

In Sudesh Chhikara Vs Ramti Devi, the bench said it has been held for attracting the application of Section 23(1), the following essentials were expounded:

(a) The transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor; and

(b) The transferee refuses or fails to provide such amenities and physical needs to the transferor.

The two conditions mentioned in Sudesh case must be appropriately interpreted to further the beneficial nature of the legislation and not strictly which would render otiose the intent of the legislature, the bench said.

[Read Judgment]