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.

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 1^st 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 Petitioner challenging the order dated 26^th August 2025 passed by the Sub-Divisional Officer – Andheri exercising power as the Presiding Officer – Parents and Citizens Maintenance Tribunal (Tribunal) under the Act which inter alia allowed the application preferred by his father, Respondent No.2 herein (senior citizen) directing the Petitioner to vacate Bungalow No. 30 of ground plus one upper floor situated at Four Bungalows, MHADA, S.V.P. Nagar, Mumbai 400053 (subject premises) and handover vacant and peaceful possession thereof to him.

3. Since the dispute involves a father and his son, we personally met both the parties in chambers and tried our level best to see that an amicable resolution is reached. However, despite our best efforts, we were unable to succeed in our endeavors. Hence, we then placed the matter on board and heard the arguments of both parties in open court.

BRIEF BACKGROUND

The facts relevant for adjudication of the present proceedings are set out hereunder:

4. The senior citizen is the 75 year old father of the Petitioner, who is a retired IAS Officer. On 26^th March 2024, the senior citizen filed an application under Section 5 of the Act (said application) before the Tribunal seeking an order evicting the Petitioner from the subject premises and to also restrain him from causing any mental harassment to the senior citizen. The said application also seeks monies stated to have been earned by the Petitioner from using the subject premises.

5. In the said application, the senior citizen has pleaded that:

5(a) he is the owner of the subject premises which is stated to have been purchased by him, from his own income.

5(b) he does not reside in the subject premises but instead, resides in Flat No. 502, Amaltas Co-operative Housing Society Limited, Juhu Versova Link Road, Andheri (W), Azad Nagar, Mumbai together with his wife, the step-mother of the Petitioner.

5(c) he permitted the Petitioner to live in the subject premises on the ground of humanity, love and affection but the Petitioner illegally encroached upon the entire subject premises, by purportedly taking advantage of his illness and age.

5(d) he is bearing all the expenses of the subject premises including for its maintenance, electricity bills, water bills, repairs etc. even though the Petitioner exclusively resides therein.

5(e) the Petitioner is unemployed since several years and living in the subject premises free of charge despite illegally exploiting the subject premises for commercial purposes by renting out a portion thereof (on the ground floor) for the shooting of tv serials without the permission of the senior citizen.

5(f) the Petitioner has filed various false cases against him including inter alia a suit, in this Court, and as a result, he did not want to allow the Petitioner to