Housed In Outhouse, Deprived Of Dignified Access To Own Home: Karnataka High Court Upholds Eviction Order Under Senior Citizens Act
The Karnataka High Court reiterated that orders of eviction could be passed looking to the welfare of the senior citizens.
Justice M. Nagaprasanna, Karnataka High Court, Dharwad Bench
The Karnataka High Court has upheld an Eviction Order passed by the Assistant Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The Dharwad Bench was deciding a Writ Petition challenging the Order passed by the Assistant Commissioner and Authority for Senior Citizens Tribunal, directing a daughter-in-law to vacate the house and hand it over to her mother-in-law.
A Single Bench of Justice M. Nagaprasanna observed, “… the Court finds no perversity or infirmity in the order passed by the Assistant Commissioner. The 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. The 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.”
The Bench reiterated that orders of eviction could be passed looking to the welfare of the senior citizens.
Advocate Srinivas Naik appeared on behalf of the Petitioner, while Additional Government Pleader (AGP) V.S. Kalasurmath and Advocate Gayathri S.R. appeared on behalf of the Respondents.
Case Background
The Petitioner and 2nd Respondent were daughters-in-law of the 1st Respondent (senior citizen/mother-in-law). The 1st Respondent’s son had died and the Petitioner and her children were residing with her. After the son’s death, the relationship between the Petitioner and the mother-in-law was not cordial. Hence, an Application was filed before the Assistant Commissioner seeking eviction of the Petitioner and her children from the house.
The said Application also sought cancellation of another gift deed executed in favour of the 2nd Respondent in respect of a different house. A report was sought from the competent authority. In terms of such report, an Order was passed by the Assistant Commissioner, directing vacation of the premises which was in the possession of the Petitioner and her children, within a period of 30 days. It was also directed that the vacant possession shall be handed over to the mother-in-law. Being aggrieved, the Petitioner was before the High Court.
Court’s Observations
The High Court in the above context of the case, said, “The Apex Court in the judgments quoted supra has emphatically observed that the Act does not 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.”
The Court observed that eviction cannot be sought as a matter of routine or ordered for the asking and the jurisdiction is extraordinary to be invoked where rights of the elderly are to be protected.
“At this juncture it becomes apposite to refer to the judgment of the High Court of Madhya Pradesh rendered in the case of ANIL vs. SUBHADRA which succinctly expounds upon the rights of the senior citizens”, it noted.
The Court added that the Madhya Pradesh High Court rightly recognises that ensuring a senior citizen secured dwelling may in necessary circumstances, require the removal to obstruct such security.
“I am in respectful agreement with the observations and the law as laid down by the High Court of Madhya Pradesh. … In the light of the afore-quoted judgments of the Apex Court and the High Court of Madhya Pradesh, given the unique factual matrix obtaining in the case at hand, this Court finds no merit in the challenge mounted”, it concluded.
Accordingly, the High Court dismissed the Writ Petition and upheld the Eviction Order.
Cause Title- Soumya v. Ratnakumari & Ors. [Case Number: WRIT PETITION No.104795 OF 2025 (GM – RES)]
