In Sunny Paul (supra) taking note of the aforesaid judgments, it was concluded that the Courts cannot left them helpless but shall assist the senior citizens whose rights are protected under the Senior Citizens Act, 2007 because of any unreasonable stand of the son. The son and his family members who were insisting to live with the father were directed to vacate the property to the extent, it was occupied by them. The right in the property, if any, can be claimed by the son by filing a proper civil proceedings but in such case, no injunction can be granted. It was, thus, held that even the permissible use amounts to transfer and would contemplate the condition that son would not harm his parents physically or mentally. It was found that since the Maintenance Tribunal has found that the son had committed acts of physical assault and mental cruelty on the parents, the pre-condition mentioned in Section 23 stood satisfied. As in such eventuality, the power to declare a transfer of property void lies with the Tribunal. It was finally concluded that in order to achieve the objectives of the Senior Citizens Act, 2007 so as to provide speedy relief to them against the threat posed by their own children or any relative who would inherit his property, under Section 23 of the Senior Citizens Act, 2007, the Maintenance Tribunal is empowered to issue eviction order to ensure that senior citizen live peacefully and son may not get any opportunity to traumatize his parents physically or mentally. Unless the consequential relief of eviction is granted, the purpose of the Senior Citizens Act, 2007 would not be achieved.
