Authorities Should Make An Independent Inquiry To Ascertain Correct Position In Eviction Matters Under Senior Citizens Act: Delhi HC

The bench of Justice Subramonium Prasad observed, “…The SDM has to make an independent inquiry from friends, neighbours etc. to ascertain the correct position of the matter which is very relevant material for the authorities under the Senior Citizens Act to come to a conclusion as to whether the welfare of the Respondent No.2/Senior Citizen is under jeopardy or not or as to whether the Senior Citizens Act is being abused by the Respondent No2/Senior Citizen for evicting the Petitioner/daughter-in-law from the subject property.”

Brief Facts-

The petitioner, Sudesh Chhikara who is the daughter-in-law of Respondent, asserted that the property was funded by her late husband. Following his passing, Respondent along with other family members, allegedly attempted to dispossess the petitioner and her son from the property. Both parties have filed FIRs against each other, and the Respondent has initiated a civil suit for the petitioner's eviction. In response, the petitioner and her son have filed a civil suit for a declaration of title and injunction regarding the property. Respondents also sought the petitioner's eviction under the Senior Citizens Act, citing harassment. An eviction order was issued against the petitioner, which was challenged and subsequently remanded back to the District Magistrate for further consideration by the Appellate Authority.

According to the Court, the purpose of the Senior Citizens Act is to provide effective provisions for the maintenance and welfare of parents and Senior Citizens guaranteed and recognised under the Constitution of India.

The Court stated that the purpose of the Act is to ensure that the Senior Citizens live peacefully on their eve of life without being harassed by the children who have the moral and legal obligations to maintain their parents.

“Undoubtedly, the authorities under the Senior Citizens Act are not the Civil Courts to decide the question of title of a property.”, the Court stated.

The Court perused Section 6 of the Act which showed that for deciding a dispute, the authorities must take evidence to ascertain as to whether the Senior Citizen has been subjected to harassment or not.

The Court agreed with the Appellate Authority that the report of the SDM is shabby and stated that the SDM has not followed the procedure prescribed under Section 6 of the Senior Citizens Act.

The Court further noted that the authorities would also have to take into account the various decisions of the Apex Court to conclude that mere a matrimonial dispute is not being converted into a proceeding for eviction under the Senior Citizens Act.

Finally, the Court stated that it cannot be said that the authorities under the Senior Citizens Act did not have the jurisdiction to entertain the present dispute and they had to await the decision of the Civil Courts.

Accordingly, the Court dismissed the Writ Petition.

Cause Title: Sudesh Chhikara v. District Magistrate West Delhi (Neutral Citation: 2024:DHC:3675)

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