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SHAMPA SARKAR
Pryanka Dhotre – Appellant
Versus
Andaman And Nicobar Administration – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. The writ petition has been filed challenging the order dated December 7, 2023 passed by the Senior Citizens Welfare & Maintenance Tribunal, Campbell Bay. The petitioners were directed to vacate the property, which was the subject matter of dispute.
2. The petitioners have challenged the said order on various grounds. First, that the petitioner No. 1 being a housewife, had no source of income. She was residing in the house of the father in law, which was a shared household and a protective order was passed in her favour by the Judicial Magistrate, Campbell Bay in Misc. Case No. 01 of 2022.
3. According to the petitioners, a direction was passed restraining dispossession of the petitioner No.1 and her family members from the shared house hold, without following the due process of law. The order impugned was passed without considering the above fact and also the contention of the petitioners that the senior citizen had already sold the property to a third party and had also accepted Rs. 10 lakhs as consideration. The sale agreement would indicate that the possession was also given in favour of the third party.
4. Under such circumstances, the Maintenance
The main legal point established in the judgment is the importance of following the statutory provisions and conducting proceedings in accordance with the law, particularly in the context of eviction....
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....
Rule 20 gives indication that being a piece of welfare legislation, it adjures administration to avert threat of life and property of senior citizens.
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....
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....
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