Question Of Title Cannot Be Decided By Forums Under Senior Citizen Act: Delhi HC
The Delhi High Court observed that the forum under the the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is for the maintenance and welfare of senior citizens, and not to decide the title of a property.
The Bench dismissed a petition filed by a woman and her son (petitioners) challenging an eviction application filed by her mother-in-law under the Senior Citizens Act. The petitioners argued that the forum under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Act) did not have jurisdiction to entertain an eviction application due to a pending title over the property in question.
A Single Bench of Justice Subramonium Prasad observed, “Undisputedly, the question of title is under dispute but it does not mean that till it is not decided finally that Respondent No.3 has more right and interest over the property in question she cannot approach the forum under the Senior Citizens Act for her rights under the Act and such an interpretation would defeat the very purpose and objective of the Senior Citizens Act…A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the Senior Citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act.”
Advocate Rajul Jain represented the petitioners, while ASC Avishkar Singhvi appeared for the respondents.
Following the death of the woman’s husband, his mother claimed ownership of the property based on a sale deed executed by her late son. In contrast, the wife of the deceased asserted that the property was bequeathed to her by her husband.
The mother-in-law filed for the eviction of the eviction of the petitioners. The trial court recognised the alleged ill-treatment and indicated the property might be ancestral, thus granted protection under the Act. The petitioners appealed arguing the need to resolve the title dispute before considering the eviction application. However, the appellate authority upheld the District Magistrate's directive for a thorough investigation and field inquiry, maintaining that the Senior Citizens Act’s purpose is to ensure the welfare and protection of senior citizens.
The High Court held that the question of title could not be decided by a forum under the Senior Citizens Act since the purpose of the Act was to ensure the welfare and maintenance of the Senior Citizens.
“A perusal of the Order of the District Magistrate shows that procedure under Section 6 of the Senior Citizens Act has not been followed. The Appellate Authority has protected the interest of the Petitioner inasmuch as it has directed the Magistrate to proceed afresh in the matter. This Court is in conformity with the decision taken by the Appellate Authority. The District Magistrate shall follow the procedure, collect evidence and apply its mind and if necessary call for a fresh report from the SDM and then he has to weigh both sides as to whether there is a case for ill-treatment or not and proceed further in accordance with law,” the Court stated.
Accordingly, the High Court dismissed the petition.
Cause Title: Manju Tokas & Anr. v. GNCT of Delhi & Ors. (Neutral Citation: 2024:DHC:4347)
Appearance:
Petitioners: Advocate Rajul Jain
Respondents: ASC Avishkar Singhvi; Advocates Naved Ahmed and Vivek Kumar Singh
