IMPORTANT POINT
Right of appeal – Only a senior citizen or a parent has right to appeal against order of Maintenance Tribunal within period of limitation.

JUDGMENT

Petitioners have challenged order dated 25.11.2024, passed by District Magistrate Haridwar in an Appeal filed by respondent under Section 16(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. It transpires that Ramesh Chandra Jaiswal (father) moved an application under aforesaid Act, for eviction of his son (respondent herein) from his house situate in Bahadrabad, District Haridwar, which was allowed by Sub Divisional Magistrate/Tribunal, vide order dated 3.11.2022.

3. Respondent (son) challenged the order of eviction passed by Sub Divisional Magistrate by filing an Appeal before District Magistrate. During pendency of Appeal, father of the respondent passed away. The Appellate Authority/District Magistrate allowed the Appeal by holding that due to death of parent, cause of action do not survive and set aside the eviction order passed by the Sub Divisional Magistrate.

4. Learned counsel for the petitioners submits that right of appeal is available under the aforesaid Act only to a senior citizen or a parent; since respondent is neither senior citizen nor parent, therefore, the appeal filed by him against an order passed in favour of his father is not maintainable. 5. Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 reads as under:—

“16. Appeals.—(1) Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal:

Provided that on appeal, the children or relative who is required to pay any amount in terms of such maintenance order shall continue to pay to such parent the amount so ordered, in the manner directed by the Appellate Tribunal:

Provided further that the Appellate Tribunal may, entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) On receipt of an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.

(3) The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the appeal is preferred.

(4) The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the appeal.

(5) The Appellate Tribunal shall, adjudicate and decide upon the appeal filed against the order of the Tribunal and the order of the Appellate Tribunal shall be final: Provided that no appeal shall be rejected unless an opportunity has been given to both the parties of being heard in person or through a duly authorised representative.

(6) The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal.

(7) A copy of every order made under sub-section (5) shall be sent to both the parties free of cost.”

6. The aforesaid Act is a self contained Code, which confers certain rights to parents and senior citizens. It provides for a separate forum for enforcement of those rights; provides mechanism for enforcement of orders and also provides the appellate forum. Section 16 of the Act provides for appeal against order passed by Tribunal constituted under Section 7. Except Section 16, there is no other provision dealing with appeals in the Act.

7. A careful reading of Section 16(1) reveals that only a senior citizen or a parent has the right to appeal against order of a Tribunal and it also prescribes period of limitation for filing appeal.

8. Learned counsel for the petitioner submits that the eviction order was passed against respondent on an application filed by his father, therefore, in view of provision contained in Section 16(1) of the Act, the appeal filed by respondent was not maintainable and the Appellate Tribunal/ District Magistrate acted without jurisdiction in allowing his appeal.

9. Learned counsel for the respondent, per contra, submits that appeal fi