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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
V. Nanda Kumar S/o B.N. Venkateshaiah – Appellant
Versus
Assistant Commissioner Bengaluru North Sub-Division – Respondent
ORDER :
1. In this writ petition, petitioners are challenging the order dated 22nd April, 2021 (Annexure-A) passed by the respondent No.1 in Case No.MSC/CR/81/2019-20, wherein the petition filed by respondents 2 and 3 against the petitioners herein under Sections 4 , 5 and 22(2) of the MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT , 2007 (for short, hereinafter referred to as 'Senior Citizens Act') came to be allowed.
2. The facts in nutshell for the purpose of adjudication of this writ petition are that the respondents 2 and 3 herein are the parents of the petitioner No.1. The petitioner No.2 is the Wife of the petitioner No.1. The respondent No.2 is the absolute owner of the Site bearing No.750 situate at Gokula, 1st Stage, 2nd Phase, Diwanarapalya, Gokula Extension, Bengaluru. It is stated that the petitioner No.1 had filed Original Suit No.8815 of 2017 against the respondents 2 and 3 before the competent Civil Court, seeking relief of partition and separate possession in respect of the suit schedule properties. In the meanwhile, respondents 2 and 3 have filed Case No.MSC/CR/81/2019-20 before the respondent No.1 under Sections 4 , 5 and 22(2) of the Senior Citizens
Eviction of petitioners from property owned by senior citizens was impermissible without sufficient justification under the Senior Citizens Act, reinforcing that such decisions must prioritize the we....
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 court established that under the Maintenance and Welfare of Parents and Senior Citizens Act, eviction can be ordered to enforce maintenance rights of senior citizens when the transferee fails to ....
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 ....
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.
Tribunal under Senior Citizens Act may order child's eviction from parent's property sans monetary maintenance claim if essential for senior citizen's residence and normal life, particularly after fo....
The court affirmed the authority of the Tribunal under the Senior Citizens Act to order eviction for the protection of senior citizens, rejecting claims of joint ownership and family settlement.
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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