IMPORTANT POINT
The primary obligation to maintain a senior citizen lies on his children, and the forums under the Senior Citizens Act do not have jurisdiction to entertain an eviction petition against legal heirs who are not the children of the senior citizen.

JUDGMENT (Oral)

1. The Petitioners have approached this Court challenging an Order dated 28.09.2021 passed by the Appellate Authority of Divisional Commissioner allowing Appeal No. PA/Div.Comm./Appeal No.262/2020/397-403 filed by the Respondents herein and setting aside the Order passed by the learned District Magistrate which is the original authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. The facts in brief are that the property bearing No. A-94, South Extension Part-II, New Delhi-110049 was purchased by two brothers Surinder Singh and Devinder Singh by way of registered sale deed dated 24.09.1969.

3. A perusal of the sale deed reveals that Surinder Singh and Devinder Singh, their assignees and successors have been described as the vendees/purchasers of the property. Surinder Singh passed away intestate on 08.07.2009. Since he did not have a wife or children, the property devolved on his Class-II legal heirs, which includes the Petitioners herein. A table given in the petition discloses there are 14 such Class-II legal heirs on the date of the filing of the petition.

4. Admittedly, Petitioners No.1 and 2 who are successors-in-interest of Devinder Singh are residing in the said property along with the Respondent/Devinder Singh, the uncle and who is also one of the purchasers.

5. An application under Rule 22(3)(1) and (4) of the Delhi Maintenance and Welfare of Parents and Senior Citizen Rules, 2009 (hereinafter called as the `Rules') was filed by Respondent No.3 and 4 for the purpose of eviction of the Petitioners.

6. The short question which has been raised by the learned Counsel for the Petitioners is that the forums under the Senior Citizens Act do not have the jurisdiction to entertain the said petition inasmuch as the Petitioners are not the children of Devinder Singh and they are not legally obliged to maintain their uncle Devinder Singh. It is stated that the children of Devinder Singh are alive and are also residing in the same premises who are legally and morally under an obligation to maintain their parent. He also states that perusal of the Rule 22(1) indicates that eviction order can be passed only against the son/daughter/legal heir of the person who files the eviction petition. He states that none of the ingredients are satisfied to invoke the jurisdiction of the forums under the Act and the petition ought not to have been entertained at all at the first instance.

7. Material on record also discloses that a suit has been filed by the Petitioners partition. It is stated by learned Counsel for the Respondents that the application for interim injunction restraining the Respondents from evicting the Petitioners has not been granted.

8. Heard learned Counsel for the parties and perused the material on record.

9. Undoubtedly, the purpose of the Senior Citizens Act is to provide more effective provisions of maintenance and welfare of the parents and senior citizens guaranteed and recognized under the Act. Section 4 of the Act casts an obligation on children or relative to maintain the senior citizens. In the facts of the present case, the primary obligation to maintain Devinder Singh lies on his children and definitely not on the Petitioners herein who are the Class-II legal heirs of his brother.

10. It is also undisputed that the Petitioners herein are claiming a right and interest in the property on the basis of them being Class-II legal heirs of Surinder Singh and a portion of the property has devolved on them on the death of Surinder Singh.

11. The Petitioners, therefore, are co-owners of inchoate shares of the property which is to be ascertained in a suit for partition which already stands filed.

12. Rule 22(3)(1) and (4) of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 reads as under:

"22. Action plan for the protection of life and property of senior citizens. -

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(3)(1) Procedure for eviction from property/residential building of Senior Citizen/Parents, -