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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Ashok Narayan Pipraiya – Appellant
Versus
Lilabai Narayan Pipraiya – Respondent
| Table of Content |
|---|
| 1. senior citizen alleges harassment by son and daughter-in-law. (Para 1 , 2 , 3) |
| 2. petition dismissed upholding eviction. (Para 4 , 59 , 60 , 61 , 62) |
| 3. eviction requires explicit maintenance claim. (Para 5 , 6 , 7 , 8 , 9) |
| 4. residence provision constitutes maintenance. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. tribunals order eviction for peaceful residence. (Para 18 , 19) |
| 6. act's beneficial object includes residence welfare. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 7. jitendra precedent distinguished on facts. (Para 31 , 32 , 33 , 34 , 35) |
| 8. eviction enforces normal life obligation. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 9. tribunal may order eviction for protection. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 10. harassment and ownership justify eviction. (Para 53 , 54 , 55 , 56 , 57 , 58) |
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, wh
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.
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