Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section 1, 4, 5, 9 & 23—Order of eviction without any claim towards maintenance being made by senior citizen—Challenged—Senior Citizen Act is a beneficial statute intended to safeguard the vulnerable (senior citizen), but it cannot be (mis) used by the senior citizen as a tool for summary eviction without the fulfillment of statutory requirements—Senior citizen has not claimed any maintenance from the petitioner and order of eviction is not in furtherance thereof—Eviction order is clearly contrary to the scheme of the Senior Citizens Act and the same cannot be sustained—Impugned orders set aside—Petition allowed.
[Paras 24 to 26]
Decision : Petition allowed