The Act, 2007 does not confer rights on landlords to evict tenants; such rights are governed by the Chhattisgarh Rent Control Act, 2011.

1. Heard.

2. The seminal issue brought before this Court by way of the present writ appeal is whether a landlord, who also happens to be a senior citizen, can seek eviction of his tenant by resorting to the provisions contained in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Act, 2007").

3. The brief, undisputed facts, governing the issue, are that by Annexure P / 2, dated 11.1.2020, the appellant / petitioner entered into a tenancy agreement with respondent No.4 letting out two shops to him for monthly rent of Rs.7000/- for a period of 11 months. When the tenant did not vacate the premises after the period of the agreement i.e. after 11 months, the appellant moved an application dated 22.1.2021 before the District Magistrate, Durg under S.23 of the Act, 2007 seeking eviction of the tenant and arrears of rent. When the District Magistrate did not initiate any proceedings, a reminder was filed on 4.2.2021 and immediately thereafter, the writ petition was preferred before this Court.
The learned single Judge has dismissed the petition saying that the nature of relief claimed in the application submitted before the District Magistrate is not cognizable under the Act, 2007.

4. Referring to the law laid down by the Supreme Court in the matter of Smt. S. Vanitha v. Deputy Commissioner , Bengaluru Urban District and others, 2020 SCC OnLine SC 1023 : (AIR 2021 SC 177), Mr. Praveen Dhuradhar, learned counsel for the appellant / petitioner submits that the proceedings under the Act, 2007 is maintainable even against third party. When a senior citizen is harassed by a person other than his family members, then also, the provisions of the Act, 2007 would apply and the District Magistrate should have drawn the proceedings and passed an order of eviction against respondent No.4. Learned counsel for the appellant, for the present, seeks a direction to the District Magistrate to take up the application and pass necessary orders.

5. Even for making a direction to a particular authority to decide the proceedings under an Act, it is the duty of the High Court to examine prima facie as to whether the proceedings are maintainable or not.

6. The Act, 2007 was enacted for assisting the elderly members of the family. The 'Introduction' to the Act, 2007 presented before the Parliament reads thus :
"Ageing has become a major social challenge because of decline in the joint family system. A large number of elderly persons, particularly widowed women are not being looked after their families. They are forced to spend their twilight years all alone and are exposed to emotional neglect and are not being provided financial support. To combat this social challenge there is a need to give more attention to the care and protection for the older persons. Though there is a provision in the Code of Criminal Procedure, 1973 under which parents can claim maintenance from their children but the procedure is time consuming and expensive. It is desired that simple, inexpensive and speedy provisions may be made to claim maintenance by the suffering parents. To cast an obligation on the persons who inherit the property of their aged relatives to maintain them and to make provisions for setting up oldage homes for providing maintenance to the indigent older persons and to provide better medical facilities to the senior citizens and to make provisions for protection of their life and property the Maintenance and Welfare of Parents and Senior Citizens Bill was introduced in the Parliament. "

7. With the above introduction, the Act further speaks about