The main legal point established in the judgment is that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides for the protection of life and property of older persons, and the statutory definition of 'property' is wide enough to include rights or interests in the property, without requiring ownership.

Biswanath Somadder, J.

1. Let a copy of the memorandum of appeal (the original of which was filed in Calcutta) be kept on record. Once the original memorandum of appeal (which has already been despatched from Calcutta, vide lay note of the learned Registrar of the Circuit Bench dated 31.10.2017) is received by the Registry, the same shall be kept with this file. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the stay application.

2. The instant appeal arises out of a judgment and order, dated 17th August, 2017 passed by a learned Single Judge in W.P. No. 043 of 2017 (Shri Sheikh Khalil and another v. The Lieutenant Governor and others). The appellant before us Sahidun Nisa was the private respondent No. 5 in the writ proceeding. The subject-matter of challenge before the writ Court was the order, dated 17th June, 2016 passed by the Appellate Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act of 2007).

3. From the facts of the case available on record, we notice that one Sheikh Khalil (aged about 80 years), a resident of a village near Baratang, North and Middle Andaman District, had filed a complaint letter dated 16th June, 2015 against his son, Shri S.K. Hasamudden and daughter, Ms. Sahidun Nisa before the Maintenance Tribunal constituted under the said Act of 2007. The principal allegation was that his son and daughter were torturing him and his wife, Smt. S.K. Kamarun Nisa (a septuagenarian lady) and were attempting to dispossess them of their house property. A reference on the same subject was also received by the Maintenance Tribunal from the office of the Chief Secretary, A & N Islands on 28th May, 2015.

4. Consequently, notices were issued to all the parties to appear before the Maintenance Tribunal to present their case. Shri Sheikh Khalil and his wife, Smt. S.K. Kamrun Nisa, their daughter Sahidun Nisa and their two sons Shri Hasamudden and Shri. Niamuddin attended the proceedings. The proceedings culminated upon passing of an order dated 14th January, 2016, relevant portion whereof is quoted hereinbelow:

"During the proceedings it is observed that the petitioner and his wife are not compatible with their daughter Smti. S.K. Sahidun Nisa. Their relations have gone sour to the extent that they started quarrelling and abusing each other even in front of this Tribunal. Chances of compromise and peaceful living together are very bleak between the parties.

The Act broadly deals with the maintenance of Senior Citizens including parents, however it contains a separate chapter (Chapter-V) dealing with the protection of life and property of senior citizens. The present case pertains to that chapter. Welfare as defined in the Act is a comprehensive term that includes all amenities necessary for senior citizens. Due respect and emotional support besides physical and medical care cannot be excluded from the definition of welfare. Nothing can be more disappointing and more painful for a person when his/her own children do not behave properly that too at such a fragile age of 80s.

Therefore, Smti. S.K. Sahidun Nisa D/o. Shri. Sheikh Khalil is hereby directed to vacate the shop and house of her father within sixty days from the date of issue of this order. SHO Baratang is also directed to ensure protection of life and property of the petitioner and his wife and to ensure compliance of this order."

5. Against this order dated 14th January, 2016, the daughter of Sheikh Khalil and Smt. S.K. Samrun Nisa, namely, Ms. Sahidun Nisa, preferred a statutory appeal before an Appellate Tribunal constituted under the said Act of 2007. The Appellate Tribunal while observing that it had no power to evict the daughter from the house and that it has only the power to order maintenance as per the Acts and Rules, proceeded to pass an order on 17th June, 2016, relevant portion whereof is quoted hereinbelow:

"However, Shri