Senior citizen can move civil court for family member's eviction, rules HC

Saurabh Malik

Tribune News Service

Chandigarh, January 7

The Punjab and Haryana High Court has ruled that a senior citizen-parent is entitled to file a suit before a civil court seeking eviction of a family member from his property. With this, the High Court has put an end to the legal debate on the civil court’s jurisdiction to decide such pleas by parents.

The ruling by Justice Anil Kshetarpal came on an appeal by a son, along with another appellant, against his mother after they were directed to quit, vacate and handover, the vacant physical possession of a residential property exclusively owned by her.

The mother’s case was that she had permitted her son and his family to stay in the house as a gratuitous licensee. Since the appellants misbehaved, she terminated the licence and sought possession by filing the suit. The courts below concurrently recorded that the appellants neither had any right, title or interest in the property, nor were they having right to continue staying in the house.

Their counsel contended exclusive jurisdiction in such matters was with a tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act and the civil court’s jurisdiction was barred under Section 27.

Referring to Section 27, Justice Kshetarpal asserted careful perusal showed that the civil court’s jurisdiction was excluded “only in respect of any matter to which any provision of the Act applied”. But the appellants failed to show any provision enabling the tribunal to pass eviction order. Such a provision was made under the Punjab Action Plan-2014.

Justice Kshetarpal added: “Once the object behind the Act is to ensure the protection and welfare of parents and senior citizens, the provisions of the Act cannot be construed in a manner to defeat the very purpose of the Act for which such social welfare legislation has been enacted.”

Justice Kshetarpal observed some states had framed a scheme to confer power upon a tribunal to decide such matters, but its validity was under challenge. In one of the judgments, the Punjab Maintenance and Welfare of Parents and Senior Citizens Scheme, enabling the aggrieved to file an application before a tribunal, was struck down by the High Court and appeal was pending. In another matter, it was held that an eviction petition in such circumstances was maintainable before the tribunal.

Dismissing the appeal, Justice Kshetarpal added the question of tribunal’s jurisdiction was in a state of flux. It was not appropriate to keep the matter pending, particularly when the civil court’s jurisdiction was plenary. “The courts have been established to ensure speedy and effective justice to the parties. The objections taken only to thwart the process of justice, must be interpreted in a manner so as to advance the cause of substantive justice”.