Monday, March 20, 2017

LawFinder Citations

Sachin v. Jhabbu Lal (Delhi) : Law Finder Doc Id # 812178
DELHI HIGH COURT
Before :- Pratibha Rani, J.
RSA No. 136 of 2016 & CM No. 19123 of 2016. D/d. 24.11.2016.
Sachin & Anr. - Appellants
Versus
Jhabbu Lal & Anr. - Respondents
IMPORTANT
An adult son whether married or unmarried has no legal right to live in his parents self acquired property - He can stay at their mercy.
Civil Procedure Code, 1908, Order 20, Rule 12 - Suit for possession by Senior Citizens parents - An adult son whether married or unmarried has no legal right to live in his parents self acquired property - The son can only stay at their mercy :-
1. Merely because parents had allowed son to live in the house when their relations were cordial could not mean that they had to bear the burden throughout life.
2. In this case parents (both Senior Citizens) contended that their two sons and daughters-in-laws who were living in first and second floors had made their lives hell - Their ejectment rightly ordered by Court below.
[Para 15]
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Rashmi Saxena v. Suresh Prakash Saxena (Rajasthan) : Law Finder Doc Id # 834300
RAJASTHAN HIGH COURT
Before :- Mohammad Rafiq, J.
S.B. Civil Writ Petition No. 15453 of 2016. D/d. 23.2.2017.
Smt. Rashmi Saxena Wife of Shri Naveen Saxena, resident of BB-39, Jai Ambey Nagar, Tonk Road, Jaipur, Rajasthan - Petitioner
Versus
Suresh Prakash Saxena S/o Shri Panna Lal Saxena, Aged About 65 Years, R/o BB-39, Jai Ambey Nagar, Tonk Road, Jaipur, Rajasthan - Respondent
IMPORTANT
Divorcee has no right to stay with in-laws.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 - Writ Petition - Right of resident against father-in-law - Marriage between the son and daughter-in-law does not subsist - Possession of part of house holds by father-in-law was given to daughter-in-law as licensee, at time when marriage between son and daughter-in-law was subsisting - Held, daughter-in-law cannot claim right of residence as against father-in-law, although she can proceed against her husband.
[Paras 15 and 16]
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Sunny Paul v. State NCT of Delhi (Delhi) : Law Finder Doc Id # 837450
DELHI HIGH COURT
Before :- Manmohan, J
W.P.(C) 10463 of 2015 & CM Appl. 43227 of 2016. D/d. 15.3.2017.
Sunny Paul & Anr. - Petitioners
Versus
State NCT of Delhi & Ors. - Respondents
Order of eviction passed by Maintenance Tribunal under Senior Citizen Act - Tribunal has jurisdiction to issue directions to Police to give effect to eviction order.
Senior citizen occupying house as tenant - He can evict his abusive son - Senior Citizen need not be owner of house.
A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Sections 23 and 4(4) - Whether a claim for evicting the children from the property is maintainable before the Maintenance Tribunal when the children are not in line to inherit such property?(yes) :-
1. The requirement that the children or relatives must be in line to inherit the property is mandated only in Section 4(4) of the Act 2007 for issuing direction with regard to maintenance - To invoke jurisdiction either under Section 22 or Section 23 of the Act 2007, no such pre-condition has to be satisfied.
[Para 47]
B. Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 - Whether in the absence of a comprehensive action plan for protecting the life and property of senior citizens under Section 22 of the Act 2007 - The Maintenance Tribunal has the jurisdiction to order Eviction? - Held :-
1. Even in the absence of a comprehensive action plan for protecting the life and property of senior citizens under Section 22 of the Act, 2007, on the date the impugned order was passed, the Maintenance Tribunal had the jurisdiction to pass an order of eviction - 2014 (5) R.C.R. (Civil) 656, 2015 (153) DRJ 259 Relied.
[Paras 52 to 58]
C. Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 - Order of eviction passed by Maintenance Tribunal under Senior Citizens Act - Tribunal has jurisdiction to issue directions to Police to give effect to eviction order :-
1. Relegating a senior citizen to a civil Court in certain situations would amount to negating the very purpose of setting up such Tribunals.
2. SDM and SHO directed to forthwith comply with the order - 1990 (4) SCC 453, 2015 (153) DRJ 259 Relied.
[Paras 61 to 67 and 71]
D. Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 - A Senior Citizen allowing his son to stay in property - It would amount to transfer of property to son :-
1. Even permissive use amounts to transfer - There would be a presumption that the transfer was subject to son providing all the basic necessities and looking after the physical needs of the senior citizens.
2. Son committing acts of physical assault - Senior citizen can evict the son from property.
[Para 37]
E. Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 - A senior Citizen living in rented house - He permitted his son and daughter to stay in the house - Son committed acts of physical assault - Father entitled to evicted Son - There is no requirement that senior citizen should be owner property.
[Paras 42 to 46]
F. Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Sections 4 and 23 - Son staying in property of his father (senior citizen) - Father claiming maintenance from son - The claim for maintenance is not a condition precedent for passing an eviction order under Section 23 of the Act, 2007 - Sections 4 and 23 provide separate and distant remedies.
[Paras 39 and 40]
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