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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, FARHAN P.DUBASH
Jitendra Gorakh Megh S/o Gorakh Govind Megh – Appellant
Versus
Additional Collector and Appellate Tribunal, Mumbai – Respondent
| Table of Content |
|---|
| 1. eviction order under specific act questioned. (Para 1 , 2) |
| 2. factual background about senior citizen's claims. (Para 4 , 5 , 6) |
| 3. tribunal's decision and reasoning described. (Para 7 , 8 , 9) |
| 4. arguments presented by both parties. (Para 11 , 12 , 13) |
| 5. legal requirements for eviction under the act. (Para 14 , 15 , 20) |
| 6. court's analysis on residing and ownership. (Para 21 , 22) |
| 7. decision on maintainability of eviction. (Para 24 , 25 , 26) |
| 8. final order to quash previous decisions. (Para 29) |
JUDGMENT :
FARHAN P. DUBASH, J.
1. A short but interesting question has posed itself for consideration in this matter – Whether an eviction order can be passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 without any claim towards maintenance being made by the senior citizen?
2. The present Writ Petition challenges the order dated 1st October 2025 (appellate order) passed by the Additional District Collector – Mumbai exercising power as the Appellate Tribunal (Appellate Tribunal) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act). By the appellate order, the Appellate Tribunal dismissed the appeal preferred by the Petiti
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.
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....
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....
Tribunals under Senior Citizens Act can order children's eviction from parent's property without monetary maintenance claim, as 'maintenance' includes residence essential for normal life, per purposi....
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 Assistant Commissioner has the authority to issue eviction orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, especially to ensure the protection and maintenance o....
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