The court affirmed that eviction under the Senior Citizens Act cannot be granted while a related partition suit is pending, underscoring family rights amid ongoing litigation.

ORDER :

1. In this Writ Petition, petitioners are assailing the Order dated 30.07.2021 (Annexure-G) passed by the respondent No.2 and Order dated 12.02.2020 (Annexure-F) passed by the respondent No.3, consequently, prayed for allowing the application filed by the petitioners as per Annexure-D before the respondent No.3.

2. Facts in nutshell for the purpose of the adjudication of the Writ Petition are that, the petitioners have two sons and a daughter. Respondent No.4 is the second son of the petitioners. The petitioner No.1 had acquired properties as per the registered Partition Deed dated 30.06.1957, executed amongst himself and his brothers. It is also stated in the Writ Petition that, there was a registered Partition Deed dated 20.04.2013 in the family of the petitioners and their children and as such, the petition schedule property had fallen to the share of petitioner No.1, as per Annexure-A to the Writ Petition. It is further stated that, certain properties had fallen to the share of respondent No.4 as per the registered Partition Deed at Annexure-A and the respondent No.4 has let out the premises to the tenements. It is also stated that, the respondent No.4 had worked abroad for several years and after his return, joined the petitioners and stayed along with the petitioners. The respondent No.4 has quit his job and residing with the petitioners along with his family. It is the case of the petitioners that the respondent No.4 is gradually ill-treating the petitioners and threatened the petitioners to dispossess them from the schedule property. Hence, the petitioners have approached the respondent No.3 by filing an application as per Annexure-D. It is also stated by the petitioners that, the respondent No.4 instead of finding an alternative residence for his family members, has filed a frivolous suit in O.S.No.13/2017, seeking relief of partition and separate possession in respect of the schedule properties, inter alia, challenged the Partition Deed dated 20.04.2013. The said suit is pending consideration before the competent Court.

3. It is further stated in the Writ Petition that, the respondent No.3, without considering the case of the petitioners on merits, has passed the impugned order dated 12.02.2020 (Annexure-F), rejecting the application filed by the petitioners and being aggrieved by the same, petitioners have approached the respondent No.2 in Appeal No.2/2020-21 and the respondent No.2 vide order dated 30.07.2021 (Annexure- G), dismissed the Appeal and being aggrieved by the same, the petitioners have presented this Writ Petition.

4. I have heard Sri. G.K. Bhat, learned Senior Counsel for Sri. Sham A. Nemikal, learned counsel for the petitioners and Sri. Mahantesh Shettar, learned AGA for respondent Nos.1 to 3 and Sri. M.D. Raghunath, learned counsel for respondent No.4.

5. Sri. G.K. Bhat, learned Senior Counsel appearing for the petitioners, contended that, both the respondent - authorities have erroneously appreciated the material on record without considering the object of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act') and have committed an error in arriving at a conclusion that, the suit in O.S.No.13/2017 is pending consideration before the competent Civil Court which requires to be adjudicated and the said finding recorded by both the authorities, requires to be set aside. It is further argued by the learned Senior Counsel for the petitioners by referring to the order sheet maintained by this Court, wherein an alternative premises has been located for the respondent No.4 to reside separately and that apart, it is argued