IMPORTANT POINT
Senior Citizens – Eviction petition against tenant is not maintainable under 2007 Act as he is not a legal heir

Rakesh Kumar Jain, J.

The petitioner has challenged the order dated 9.3.2017 passed by the District Magistrate, Chandigarh, by which an application filed by respondent No. 2 under section 21 and 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act'), has been allowed and the petitioner has been ordered to vacate the demised premises.

2. Learned counsel for the petitioner has submitted that admittedly, the petitioner is a tenant of respondent No.2. Respondent No.2 filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Rent Act') against the petitioner on 23.3.2016 and while it was pending, resorted to file an application under Section 21 and 22 of the Act on 9.8.2016, alleging therein that the petitioner, who is occupying the same premises with him as a tenant, is causing undue harassment and inconvenience to him. The District Magistrate, exercising his powers in terms of the Chandigarh Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 (for short 'the Rules'), has passed the order of his eviction.

3. Learned counsel for the petitioner has submitted that not only the application filed under Section 22 of the Act, during the pendency of the petition filed under Section 13 of the Rent Act, is an abuse of the process of law because respondent himself had let the premises to the petitioner but also the application filed under Section 22 of the Act is not maintainable against the petitioner being a tenant.

4. In this regard, he has referred to Rule 20(3)(1) of the Rules to contend that the District Magistrate has the power and jurisdiction to pass the order of eviction against the son or daughter or legal heirs of a senior citizen/parents, who is found to be in un-authorized occupation of any property of the senior citizen/parent.

5. In reply, learned counsel for respondent No.2 has submitted that Section 3 of the Act would be applicable to maintain the application filed under Section 22 of the Act.

6. I have heard learned counsel for the parties and perused the record.

7. Section 22 of the Act provides the power to the State Government to impose such duties on a District Magistrate as may be necessary to ensure that the provisions of the Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed.

8. Sub Section (2) further provides action plan for the protection of life and property of senior citizens. In Chandigarh, unlike the States of Punjab and Haryana, the action plan is separately provided but it is provided in the Rules itself in Chapter VI. Rule 20 of the Rules deals with the action plan which has two parts. The first part i.e. Rule 20 (1) deals with the power of SSP, who is to take necessary steps to look after the well being of the senior citizens by means of policing, whereas Rule 20 (3)(1) deals with the eviction from property/residential building of the senior citizens/parents, for which the jurisdiction has been vested with the District Magistrate. Since, I am dealing with the case in regard to the order of eviction passed by the District Magistrate against a tenant, therefore, it would be relevant to refer to Rule 3(1) as it is :

"20(3)(1) Procedure for eviction from property/residential building of senior citizen/parent:

(i) Complaints received (as per provisions of the maintenance of Parents and Senior Citizens Act, 2007) regarding life and property of Senior Citizens by different Departments i.e. Social Welfare, Sub Divisional Magistrates, Police Department, NGOs/Social Workers, Helpline for Senior Citizens and District Magistrate himself, shall be forwarded to the District Magistrate, Union Territory, Chandigarh for further action.

(ii) The District