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VIKRAM NATH, SANDEEP MEHTA
Rajeswar Prasad Roy – Appellant
Versus
State of Bihar – Respondent
ORDER
1. Leave granted.
2. The present appeal assails the order dated 03.01.2024 passed by the High Court of Judicature at Patna in Letters Patent Appeal No. 907 of 2023, stemming from Civil Writ Jurisdiction Case no. 7851 of 2022. The High Court thereby allowed the appeal filed by Respondent nos. 8 and 9 and set aside the order passed by Single judge dated 20.07.2023. Effectively the High Court has set aside the eviction order passed against Respondent Nos. 8 and 9.
3. Brief facts leading to this appeal are summarised as follows:
Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has authority to order eviction to ensure maintenance and protection of senior citizens.
Senior citizen, cannot seek eviction from separate residence of son in a building owned by him, under Senior Citizens Act – Son also cannot claim a right to residence in a building exclusively owned ....
The central legal point established in the judgment is the authority of the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to order eviction if necessary and expe....
An eviction order under the Maintenance and Welfare of Parents and Senior Citizens Act requires a maintenance claim by the senior citizen; without such a claim, the eviction is not maintainable.
Eviction under the Senior Citizens Act requires a valid maintenance claim; the Tribunal lacks authority for eviction in the absence of such a claim.
The Senior Citizens Act empowers the Tribunal to issue eviction orders to protect the rights and welfare of senior citizens, emphasizing the obligation of children to maintain their parents, includin....
The main legal principle established is that the proceedings under the Senior Citizens Act are focused on the welfare and protection of senior citizens, and are not meant to decide the title of the p....
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