Smt Soumya W/O. Late Suresh Rao v. Smt Ratnakumari W/O. S. Baburao
High Court of Karnataka, Dharwad Bench – Writ Petition No.104795 of 2025 (GM
Case brief
What is this about?
Senior citizen eviction; Maintenance and Welfare of Parents and Senior Citizens Act 2007; Section 23; Assistant Commissioner and Authority for Senior Citizens Tribunal Ballari; daughter-in-law; mother-in-law; outhouse; dignified access; gift deed cancellation; right of residence; maintenance includes residence; extraordinary jurisdiction; S. Vanitha (2021) 15 SCC 730; Rajeswar Prasad Roy SLP(Civil)Nos.7675 of 2024; Urmila Dixit (2025) 2 SCC 787; Samtola Devi 2025 SCC OnLine SC 669; Anil v. Subhadra 2023 SCC OnLine MP 6893; Sudesh Chhikara v. Ramti Devi; writ of certiorari; Articles 226 and 227; Karnataka High Court Dharwad Bench; Justice M. Nagaprasanna; writ petition dismissed.
What did the court decide?
The Act does not in express terms contemplate a general power to initiate eviction against an occupant of premises owned by or belonging to a senior citizen; an eviction order can be passed by the Tribunal only in compelling circumstances, qua the facts obtaining in every case, where the protection, dignity and welfare of the senior citizen so demands.