Delhi high court: Forums Under Senior Citizens Act Cannot Adjudicate On Claims of Property Ownership

 The Court notes that all that the petitioners have essentially done in those proceedings was to assert a claim of ownership in the property in question. Those issues cannot possibly form subject matter of consideration or adjudication in proceedings under the 2007 Act. Ultimately the authorities administering the said enactment have to bear in mind and accord primacy to the issues of ill treatment of the senior citizens and their right to a

secured existence. The forums constituted under the 2007 Act are neither obliged nor required to undertake a trial with respect to the civil and property rights that may be claimed by the warring factions. Those issues must be ultimately left to be conclusively adjudicated by the competent civil courts. In proceedings initiated under the 2007 Act, the authorities would upon finding that the senior citizens can validly claim an interest in the

property, proceed ahead and evaluate steps that would be warranted to be taken in order to safeguard and secure their interest.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 13825/2022

ANMOL AND ANOTHER Vs SUSHILA .

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

Dated:  26.09.2022

This writ petition has been preferred assailing the orders passed by the

respondents in proceedings initiated under the Maintenance and Welfare of

Parents and Senior Citizens Act, 2007 [“the 2007 Act”]. The District

Magistrate upon finding that the allegations of ill treatment and harassment

stood duly proven, had proceeded to frame directions requiring the

petitioners to vacate the premises. The said view as framed by the District

Magistrate has also been affirmed by the Divisional Commissioner in

appeal.

The Court notes that the senior citizens had referred to an altercation

which had occurred in 2018 as a consequence of which the relationship

between the parties had broken down and soured. Ultimately and on the

assurance that the incidents of ill treatment would not be repeated, the senior

citizens had inducted the petitioners back into the premises. Since their

conduct did not see any change or improve even thereafter, they were

constrained to institute the impugned proceedings under the 2007 Act.

The Court notes that all that the petitioners have essentially done in

those proceedings was to assert a claim of ownership in the property in

question. Those issues cannot possibly form subject matter of consideration

or adjudication in proceedings under the 2007 Act. Ultimately the

authorities administering the said enactment have to bear in mind and accord

primacy to the issues of ill treatment of the senior citizens and their right to a

secured existence. The forums constituted under the 2007 Act are neither

obliged nor required to undertake a trial with respect to the civil and

property rights that may be claimed by the warring factions. Those issues

must be ultimately left to be conclusively adjudicated by the competent civil

courts. In proceedings initiated under the 2007 Act, the authorities would

upon finding that the senior citizens can validly claim an interest in the

property, proceed ahead and evaluate steps that would be warranted to be

taken in order to safeguard and secure their interest.

In view of the aforesaid and bearing in mind the fact that the

petitioners have failed to establish that they were in fact maintaining and

looking after the senior citizens or assailing the findings with respect to

harassment and ill treatment, the Court finds no justification to interfere with

the view as taken by the Divisional Commissioner.

The writ petition, along with pending application, fails and shall stand

dismissed.

Order dasti.

YASHWANT VARMA, J.

SEPTEMBER 26, 2022

SU

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