Elderly can't move senior citizen tribunal to evict golden ager: Bombay HC

MUMBAI: The jurisdiction of the Maintenance and Welfare of Senior Citizen Tribunal cannot be invoked by one senior citizen to recover possession of premises from another, Bombay HC ruled recently. It set aside a 2023 tribunal order directing one senior citizen to hand over the premises to another, observing that the elder sister was not legally required to maintain the younger sister, both being senior citizens.
The dispossessed younger sister had petitioned HC against the tribunal's order. Residing in a ground-floor slum tenement, she sought the eviction of her elder sister and another family member from the first-floor premises, alleging encroachment. However, Justice Sandeep Marne held that her application was a case of possession recovery, which could not be filed under the special law meant for senior citizens' maintenance.
In its March 10 order, HC allowed Vimal Kate and other petitioners to retain the premises but clarified that the younger sister could pursue recovery through a civil court. It noted that the tribunal, meant for summary inquiries, could not adjudicate complex possession disputes. "Such adjudication can be undertaken only before a civil court," it stated, calling the case a "gross abuse of jurisdiction" to secure possession through improper means.
While HC entertained the case due to its unique circumstances, it emphasised that this ruling should not be seen as a precedent for bypassing the appeal process under the Act. It also directed the elder sister to pay pending power and water charges and not to harass the younger sister until legal proceedings were initiated.