Bombay High Court: Senior Citizen Act cannot be invoked by one senior citizen against another to recover possession of premises

The Bombay High Court in the case Vimal Dagadu Kate & Anr. vs. State of Maharashtra & Ors observed that a suit filed for recovery of possession of premises cannot be entertained by a Maintenance and Welfare of Senior Citizen Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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The court in the case noted that a senior citizen cannot file such a suit for recovery of possession against another senior citizen under the provisions of the Act, and such an adjudication can be undertaken only before a Civil Court.

The bench headed by Justice Sandeep V Marne in its order stated that, 'This clearly appears to be proceedings for recovery of possession of first floor premises, which in my view cannot be filed by invoking the provisions of the Act. The proceedings appear to my mind in the nature of suit for recovery of possession of first floor premises, which could not have been entertained and decided by the Tribunal. To make the case of Respondent No. 2 worse, Petitioner No. 1 is her sister and also a senior citizen. Jurisdiction of Maintenance Tribunal cannot be invoked by one senior citizen to recover possession of premises from another senior citizen.'