Case Title : Rajeswar Prasad Roy vs. The State of Bihar & Ors.
Bench: Justices Vikram Nath and Sandeep Mehta
Facts: The appellant, a 75-year-old retired Junior Engineer, owned a self-acquired property (Preeti Rest House) transferred to him by the Bihar State Housing Board. His son and daughter-in-law occupied three rooms in the property without consent, allegedly harassing the appellant and disrupting his livelihood. The appellant filed for eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Maintenance Tribunal and a Single Judge of the Patna High Court ruled in his favor, ordering eviction. However, the Division Bench overturned this, stating the Tribunal lacked jurisdiction to order eviction without a specific maintenance claim.
Key Issues:
- Whether the Tribunal under the Senior Citizens Act, 2007 has the authority to order eviction for protecting senior citizens’ welfare.
- Whether the property in dispute is ancestral (claimed by son and daughter in law) or self-acquired (claimed by senior citizen).
Key Observations:
- Self-Acquired Property: The property was conclusively proven to be self-acquired through the 1982 Plot Possession Report and 1992 lease deed.
- Tribunal’s Authority: Citing S. Vantha v. Deputy Commissioner (2021), the Court held that Tribunals under the Act can order eviction if necessary to ensure a senior citizen’s maintenance and protection. Eviction is an “incident of enforcement” of their rights.
- Respondents’ Conduct: The Respondents’ actions (encroachment, criminal complaints) demonstrated harassment, justifying eviction.
- Rule 21 of Bihar Senior Citizens Rules, 2012: Emphasized the state’s duty to protect senior citizens’ lives and property.
Judgement:
- The Supreme Court allowed the appeal, restoring the eviction order. Respondents (son and daughter-in-law) were directed to vacate the property by May 31, 2025. The Tribunal’s original eviction order was restored.
Key Takeaway:
- Senior Citizens Act, 2007: Provides a speedy mechanism to protect senior citizens’ rights, including eviction of encroachers.
