Patna, In a landmark verdict, the Patna High Court has ruled that a son forcefully occupying his elderly parents’ house cannot be evicted under senior citizen protection law. However, the court mandates that the son must pay monthly rent for the area under his possession, serving as maintenance for his parents. The judgment allows the aggrieved parents the liberty to approach a competent civil court for the eviction of their son.
A division bench, comprising Chief Justice K Vinod Chandran and Justice Partha Sarthy, delivered the verdict on January 3. The appellant, Ravi Shankar, faced a complaint from his father, Rajeshwar Prasad Roy, owner of a guesthouse near Rajendra Nagar railway station. Roy alleged that Ravi forcibly occupied three rooms, causing financial losses and depriving him of accommodation.
The tribunal, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ordered Ravi’s eviction, deeming the premises as leased property of his senior citizen father. The high court upheld the eviction order in a writ petition filed by Ravi, leading to the recent division bench judgment.
The decision underscores the legal complexities surrounding familial disputes and property rights, providing clarity on the rights and obligations of family members in such scenarios. This ruling sets a precedent for similar cases involving elderly parents seeking relief against forceful occupancy by their children.
