Senior Citizens Act | Assistant Commissioner Empowered To Issue Eviction Order Where Rights Of Elderly Need Protection: Karnataka High Court

The Karnataka High Court has held that the Assistant Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act can issue an eviction order reiterating that this "jurisdiction is extraordinary" and must be invoked where rights of the elderly need protection.Justice M Nagaprasanna held thus while dismissing a petition filed by a daughter-in-law who had challenged an order of the Assistant Commissioner which had allowed her mother-in-law Ratnakumari's plea. The Commissioner had in its order directed the petitioner to vacate within 30 days a house, and handover the vacant possession to her mother-in-law. Against this the petitioner moved the high court. The primary contention of the petitioner was that the Assistant Commissioner does not have the jurisdiction to pass an eviction order while entertaining a petition filed by a senior citizen under Section 23 (Transfer of property to be void in certain circumstances) of the Act. Section 23(1) covers a situation where property has been transferred after the enactment of the legislation by a senior citizen (by gift or otherwise) subject to the condition that the transferee must provide the basic amenities and physical needs to the transferor. On going through the records the bench noted that the mother-in-law and her husband were kept in the outhouse, while the petitioner and her children took the possession of the house after the death of the husband of the petitioner and had not permitted the senior citizens to enter the house. The Assistant Commissioner, considering the report and the prayer of the first respondent, passed the eviction order. Referring to Apex court judgments the court said “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 judgments in the cases of SAMTOLA DEVI supra, further builds upon the principles laid down in the case of URMILA DIXIT supra, reaffirming that eviction cannot be sought as a matter of routine or ordered for the asking. The jurisdiction is extraordinary to be invoked where rights of the elderly are to be protected.”The bench said “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.” Accordingly it dismissed the petition. Appearance: Advocate Srinivas Naik for Petitioner.AGA V.S Kalasurmath for R3. Advocate Gayatri S R for R1 AND R2. Citation No: 2025 LiveLaw (Kar) 410Case Title: SOUMYA W/O. LATE SURESH RAO AND RATNAKUMARI & Others Case No: WRIT PETITION No.104795 OF 2025Click Here To Read/Download Order

Senior Citizens Act | Assistant Commissioner Empowered To Issue Eviction Order Where Rights Of Elderly Need Protection: Karnataka High Court

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