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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Bholenath Mevalal Nishad – Appellant
Versus
Shyamdulari Mevalal Nishad – Respondent
JUDGMENT :
N. J. JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of learned Counsel for the parties, heard finally.
2. By this petition under Article 227 of the Constitution of India, the petitioner takes exception to a judgment and order dated 30th October, 2025 passed by the Appellate Tribunal whereby an appeal preferred by the petitioner against an order of eviction passed by the Maintenance Tribunal under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (‘the Senior Citizens Act, 2007’), came to be dismissed by affirming the said order.
3. Shorn of superfluities, the background facts necessary for the determination of this petition can be summarized as under:-
3.1 The Respondent No. 1 is the mother of the petitioner. She is a senior citizen. The Respondent No. 1 claims to be the holder of Flat No. 403, A-wing, the Baya Park Central C.H.S. Ltd. (‘the subject flat’).
3.2 The Respondent No. 1 filed an application before the Maintenance Tribunal asserting inter alia that, the petitioner had been residing separately from the Respondent No. 1 since the year 2013. The petitioner had instituted a suit against his brother Mr. Sh
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....
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....
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.
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 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.
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 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.
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