The Supreme Court has said that children can be evicted from property for the protection, maintenance and dignity of parents and senior citizens.
The bench of Justice PS Narasimha and Justice Alok Aradhe said that the tribunal formed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the right to issue eviction orders when necessary.
The court said, “The level of a civilized society is often determined by how much respect, dignity and security it gives to its elderly.” The Supreme Court overturned the Allahabad High Court’s decision which had reversed the tribunal’s order to evict the son and daughter-in-law from the house.
The case was related to a house in Lucknow
The case was related to Ravi Kant Gupta, a resident of Vikas Nagar in Lucknow. Gupta had filed an application with the District Magistrate on June 5, 2022 to evict his son from the house. This house was his own purchased property.
The case revealed that Gupta’s 81-year-old mother was allegedly forced to leave home and go to an old age home. The SDM ordered the son to vacate the house on November 15, 2022. The District Magistrate also upheld this order on August 9, 2023, and directed the son and daughter-in-law to vacate the property.
High Court had cancelled the eviction order
The son and daughter-in-law challenged the SDM and District Magistrate’s orders in the Allahabad High Court. The High Court had said that the 2007 law does not give authorities the right to evict from property. On this basis, it had cancelled both orders.
Supreme Court said – Tribunal has the right to evict
The Supreme Court termed the High Court’s opinion as incorrect. The Court said that the Tribunal can issue an eviction order if necessary for the maintenance and security of senior citizens.
The Court said that the purpose of the law is to provide quick relief to senior citizens. The eviction order is also a way to enforce their right to maintenance and security.
Reference to 2021 Judgment as Well
The Supreme Court, referring to the 2021 judgment in the S. Vanita vs. Deputy Commissioner case, stated that eviction orders can be issued under this law when necessary for the protection of senior citizens.
Following this, the Supreme Court accepted the appeal and upheld the Tribunal’s order to evict the son and daughter-in-law from the house.
