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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Ashok Narayan Pipraiya – Appellant
Versus
Lilabai Narayan Pipraiya – Respondent
JUDGMENT :
N.J.JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.
2. By this Petition under Article 227 of the Constitution of India, the Petitioners take exception to a judgment and order dated 29 October 2025 passed by the Appellate Tribunal in Appeal No.80 of 2025, whereby the said appeal, preferred by the Petitioners, against the order dated 26 August 2025 passed by the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Senior Citizens Act, 2007), thereby directing the Petitioners to vacate the premises i.e. House No.C-209, Siddhi Co-op. Hsg. Soc. Ltd., Mhada Colony, Navghar Road, Mulund (the subject flat) came to be dismissed by affirming the order passed by the Maintenance Tribunal.
3. The background facts necessary for the determination of this Petition can be stated, as under :
3.1 The Respondent No.1 is the mother of Petitioner No.1. Petitioner No.2 is the wife of Petitioner No.1. The Petitioners are residing in the said flat. Respondent No.1 – senior citizen, filed a complaint being Case No.41 of 2025, before the Maintenance Tribunal, asserting that
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....
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 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....
Eviction can be an incident of the enforcement of the right to maintenance and protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The Maintenance Tribunal has jurisdiction to order eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to protect senior citizens' rights, without adjudicating owners....
An application for eviction under the Senior Citizens Act, 2007 is not maintainable without a concurrent claim for maintenance, as maintenance is the primary issue.
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 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 protects the rights of senior citizens to maintain possession of their property independent of their children's claims.
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