An application filed under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is not maintainable against the daughter-in-law as she is not a legal heir of the petitioner.

JUDGMENT

Rakesh Kumar Jain, J. (Oral) - This petition is directed against the order dated 02.05.2018 by which an application filed by the petitioner under section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act, 2007') read with the Punjab Maintenance and Welfare of Parents and Senior Citizens Rules, 2012 (for short 'the Rules') read with Action Plan under the Act, 2007, notified on 27.11.2014 in terms of Rule 23 of Rules to seek eviction exclusively of respondent No. 2 who happened to be the daughter-in-law of the petitioner, inter-alia, on the ground of harassment and etc.

2. Though the application has been dismissed by the impugned order dated 02.05.2018 on other grounds but I am of the considered opinion that an application filed under Section 22 of the Act, 2007 itself is not maintainable against the daughter-in-law.

3. The Act, 2007 is divided into various Chapters. Chapter II deals with the Maintenance of the Parents and Senior Citizens. Chapter III deals with the Establishment of Old Age Homes. Chapter IV deals with the Provisions for Medical Care of Senior Citizen and Chapter V deals with Protection of Life and Property of Senior Citizen.

4. Section 22 (2) is a part of Chapter V where it is provided that "the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens."

5. The procedure is prescribed in the Rules in which Rule 23 provides that "An action plan under section 22(2) shall be notified by the State Government within a period of six months from the date of publication of these rules in the Official Gazette and may be revised from time to time."

6. Accordingly, the action plan was notified in the gazette on 27.11.2014. The said action plan is also divided into two parts. First part of the plan deals with the powers of the District Magistrate to pass an order of eviction and to protect the life and property of the senior citizen/parent and the second part relates to the protection of life and property for which the Senior Superintendent of Police of the District has been given certain guidelines. Since, this case is pertaining to eviction, therefore, this Court is concerned only with the process prescribed under the action plan for seeking eviction of the person(s) who is in unauthorised occupation of the property of the senior citizen/parent.

7. Section 2 (a) of the Act, 2007 provides the definition of "children" which includes son, daughter, grand-son, grand-daughter but does not include a minor. Section 2 (d) defines the "parent" which means a father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen. Section 2 (f) defines the "property" which means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property. Section 2 (g) provides definition of "relative" means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death. Section 2 (h) provides definition of "senior citizen" which means any person being a citizen of India, who has attained the age of sixty years or above.

8. As per the procedure prescribed in the action plan, conferring the powers upon the District Magistrate to entertain the application for seeking eviction of the unauthorised occupants of the property of the senior citizen/parent, the District Magistrate either himself receives the complaint or the same is referred to him, would first of all seek information from the Sub Divisional Magistrate about the title of the said property. After the receipt of report from the SDM, if the District Magistrate finds that the property in question belongs to the senior citizen/parent, he would form an opinion that any son, daughter or legal heir of the said senior