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2022 Supreme(Bom) 1231

ROHIT B. DEO
NAMDEO S/O BABUJI BANGDE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Lubesh Meshram, Sourabh Singha.
For the Respondents: N.R. Rode, P.S. Wathore.

JUDGMENT :

Rohit B. Deo, J.

1. The petitioners are the son and daughter-in-law respectively of respondents 2 and 3, and are assailing the order dated 21.01.2020 rendered by the Tribunal constituted under section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act) whereby the petitioners are directed to vacate the self-acquired residential house of the respondents 2 and 3.

2. The thrust of the submissions advanced by the petitioners is that the Act does not envisage a remedy of eviction, and the Tribunal committed a jurisdictional error in virtually treating the application under section 5 of the Act as a suit for eviction.

3. In rebuttal, the learned counsel for the parents of petitioner 1, would submit that an order of eviction can be passed by the Tribunal to ensure the security and safety of the parents and senior citizens.

4. In order to appreciate the rival contentions, it would be necessary to note the contents of the application preferred under section 5 of the Act and the response thereto of the petitioners.

5. Respondent 2, who was then aged 78 years and respondent 3, who was then aged 67 years, preferred an application dated 21-8-2018 contending that

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