The jurisdiction of the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is restricted to granting maintenance and does not extend to directing the handing over of possession of a property.

V.K.JAIN, J. (ORAL)

CM No.15746/2013 (of petitioner for waiver of cost imposed on 06.08.2013)

Considering the adjournments taken by the petitioner on various dates, as noted in the last order, there is no ground for waiver of the cost. However, the cost is reduced to Rs 10,000/-.

The application stands disposed of.

Respondent No. 1 is the mother of the petitioner. She filed a petition under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the “Act”) for grant of maintenance. There is a dispute between the petitioner and respondent No. 1 with respect to ownership of second floor of house No.C-24, Panchsheel Enclave. The Tribunal, considering the aforesaid dispute, directed that till finalization of the ownership of the title by the Court, the second floor property and its rental income shall be enjoyed by respondent No. 1 and accordingly directed the petitioner before this Court to give peaceful possession of the second floor to respondent No. 1, so that she could enjoy rental income from the said floor. The area SHO was directed to execute the order and report its compliance to the Tribunal. It was further directed that since respondent No.1 shall enjoy the rental income, no order for her maintenance was being made. Being aggrieved from the aforesaid order, the petitioner is before this Court.

2. Initially, since the petitioner had also challenged the vires of Section 9 of the Act, the petition was heard by a Division Bench. The Court, vide an interim order dated 30.09.2010, stayed the order passed by the Tribunal, subject to the petitioner paying a sum of Rs 25,000/- per month to respondent No.1 by way of a bank draft. Vide subsequent order dated 02.11.2011, the Court, noticing that the second floor was lying locked and vacant, allowed respondent No. 1 to let out the same so that rental income could start accruing from the said floor. It was further directed that respondent No.1 was shall retain 50% of the rental income in a separate bank account and shall be entitled to expend the remaining 50% of the rental income. However, the aforesaid floor has not been let out and it continues to be in possession of respondent No.1, pursuant to the Court handing over the key of the second floor to her. It would be pertinent to note here that the keys of the second floor were deposited by the petitioner in the Registry pursuant to an interim order of the Court. Vide subsequent order dated 07.02.2012, the Division Bench permitted respondent No.1 to carry out necessary rectification/repair, in order to make the aforesaid portion habitable so that it could let out to a tenant. It was further directed that bills of the expenditure incurred shall be furnished to the Court and the question of reimbursement of the expenditure shall be considered along with the writ petition.

3. Section 9 of the Act reads as under:-

“9. Order for maintenance.--(1) If children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to time, direct.

(2) The maximum maintenance allowance which may be ordered by such Tribunal shall be such as may be prescribed by the State Government which shall not exceed ten thousand rupees per month.”

4. It would thus be seen that the power and jurisdiction of the Tribunal is restricted to grant of maintenance at the rate not exceeding Rs 10,000/- per month. It is, therefore, quite evident from a bare perusal of the above-referred Section that no power has been bestowed by the Legislature on the Tribunal to direct handing over the possession of a property to the applicant before it. Despite there