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.

1. Heard. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. This petition, invoking Art.227 of the Constitution of India, filed by senior citizens depicts the plight of the senior citizens who are required to contest litigations against their own son and daughter - in - law to enable them to enjoy their own house property. The instant case is an example where the parents were compelled to invoke the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 , to secure the protection granted to the senior citizens.

3. By way of instant petition, the petitioners who are parents of respondent No.3 have impugned the order dated 07.08.2000 passed by the Appellate Tribunal under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the Act") by which the appeal filed by their daughter - in - law - respondent No.4 is allowed and the application filed by the present petitioners invoking provisions of the Act came to be rejected. The petitioners' are aggrieved by the decision of the appellate tribunal which has set aside the order passed by the Tribunal which had ordered eviction of the respondents from the house owned by the petitioners.

4. The petitioners are senior citizens, who have preferred an application invoking provisions of the Act, seeking eviction of the respondent Nos.3 and 4, who are their son and daughter - in - law from the house owned by them. The respondent No.3 is son of the petitioners and respondent No.4 is their daughter - in - law. The petitioners had alleged that they allowed their son and daughter - in - law to reside in their home considering their immediate needs after their marriage. However, after the daughter in law started frivolous litigations against them, they approached the Tribunal seeking eviction from their house. The application filed by the petitioners was contested by respondent Nos.3 and 4. By order dated 18.02.2019, Tribunal constituted under the Act, presided over by the Sub Divisional Officer, Nandurbar allowed the petitioners' application directing the respondent Nos.3 and 4 to vacate their house within a period of 30 days. This order was assailed by respondent No.4 before the Senior Citizens Appellate Tribunal presided over by the Resident District Collector by way of appeal u/s 16(1) of the Act. The appeal was filed by the respondent no.4 i.e. the daughter in law only and in that she has inter alia alleged that she had the right to reside in the said property mainly because of pendency of matrimonial proceedings under S.13 of Hindu Marriage Act, 1955 and proceedings under Domestic Violence Act, 2005 against the husband (respondent No.3) and also the criminal proceedings for offence under S.498 - A, 323, 504 and 506 of Indian Penal Code. The appeal was contested on merits by both the parties and by order dated 07.08.2020, the Appellate Tribunal allowed the appeal, observing that the reliefs claimed by the petitioners herein could not be granted since they were in the nature of the civil dispute and the petitioners are entitled to initiate appropriate civil proceedings. Consequently, the order passed by respondent No.2 - Tribunal directing the respondent Nos.3 and 4 to vacate the petitioners' house was quashed and therefore the petitioners are constrained to challenge the order passed by the Appellate Tribunal by way of instant petition.

5. Assailing the impugned order passed by the Appellate Tribunal, Adv. N. S. Jain, learned counsel for the petitioners vehemently submitted that the Appellate Tribunal adopted a perverse approach defeating the object and purpose of the Act which ensures grant of protection to the rights of the senior citizens. He submitted that the petitioners ar