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AJIT KUMAR
Satyendra Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Kripa Shankar Singh, learned Senior Advocate assisted by Sri Gaurav Singh, learned counsel for the petitioner, Sri Pankaj Misra, learned counsel for the contesting private respondent No. 4 and learned Standing Counsel for the State respondent Nos. 1 to 3.
2. Petitioners before this Court are sons of late Mukund Lal and 4th respondent, namely, Smt. Meera Devi. There is also admitted to be a daughter of late Mukund Lal and Smt. Meera Devi, namely, Sarita @ Sangeeta Gupta who resides separately at Bhadohi district alongwith her husband and in-laws.
3. The proceedings under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'Senior Citizens Act, 2007') came to be instituted at the instance of the 4th respondent against the petitioners with a specific relief that three sons, namely petitioners before this Court may be evicted from House No. BP-644, situate in Mohalla - Kailashpuri (Bechupur), Pargana-Mawai, Tehsil and District - Pt. Deen Dayal Upadhyay Nagar the erstwhile district Mughalsarai.
4. The basic plea taken as per the allegation made in the petition filed under Section 5 filed by the 4
An application for eviction under the Senior Citizens Act, 2007 is not maintainable without a concurrent claim for maintenance, as maintenance is the primary issue.
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....
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....
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....
Senior citizen, cannot seek eviction from separate residence of son in a building owned by him, under Senior Citizens Act – Son also cannot claim a right to residence in a building exclusively owned ....
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 protects the rights of senior citizens to maintain possession of their property independent of their children's claims.
An eviction order under the Maintenance and Welfare of Parents and Senior Citizens Act requires a maintenance claim by the senior citizen; without such a claim, the eviction is not maintainable.
The duty of the Maintenance Tribunal to consider the rights of the daughter-in-law under the Act, 2005 and the need for a composite order considering the competing claims of the parties under both ac....
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