Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 23—Order of eviction—Power of Tribunal—Senior Citizens Act does in express terms contemplate a general power to initiate eviction against an occupant of the premises owned, by or belonging to a senior citizen—It is only in a compelling circumstances, qua the facts obtaining in every case, where the protection, dignity and welfare of a senior citizen so demands, that the Tribunal by justifiably pass an eviction order—Eviction cannot be sought as a matter of routine and ordered for the asking—Jurisdiction is extraordinary to be invoked where rights of the elderly are to be protected.
[Para 10]
Section 23—Order of eviction—Challenged—Senior citizen in the case at hand has been housed in the outhouse, depriving the senior citizen of dignified access to her own home, as the house is in the possession of the petitioner, who does not reside in the said premises—Petitioner having shifted residence to Andhra Pradesh after her husband’s demise cannot insist on retaining the premises on the basis of frayed relationship with the senior citizen—No perversity or infirmity found in the order passed by the Assistant Commissioner—Petition dismissed.
[Para 12]