Mumbai: In a significant order, the Bombay High Court on Tuesday ordered a man to vacate a flat owned by his widow mother within 15 days. The HC noted that the son had fraudulently entered into a rent agreement with his mother and then claimed to have an entitlement to the flat located in Prabhadevi.
A bench of Justice Girish Kulkarni was hearing a plea filed by one Suryakant Pawar challenging the orders passed by the Parents and Senior Citizens Maintenance Tribunal, asking him to vacate the premises expeditiously.
The tribunal had asked him to vacate the 300 sqft flat on the ground that Pawar had fraudulently entered into a rent agreement and had ousted his old mother from there.
As per the original complaint filed by Pawar’s mother Kusum, the flat in question was originally in the name of her husband but after his death, the house was transferred in Kusum’s name. She had two daughters and two sons - all married and settled.
However, Pawar sought to live on rent in the flat in question and even agreed to pay a rent of Rs 5,000 to his mother as this was the only source of her livelihood. But this remained only on paper as he never made any such payment and instead, forced his mother to take shelter in her daughter’s village.
Based on this rent agreement, Pawar claimed entitlement to the flat.
“Pawar, as a son, certainly could not have asserted any legal right of occupation or possession of the tenement when such documents showed that the mother was exclusively entitled to the tenement. In these circumstances, it is difficult to conceive that he could take any steps to oust the mother from the said premises,” the judge said.
“It however appears that Pawar has not spared any effort and has taken every possible step to retain the possession of the flat and for that matter, he also tried to enter into such rent agreement, with the mother. However, in doing so, he completely overlooked that such a rent agreement was a temporary relief to him, inasmuch as, in the agreement, he accepted the mother to be the exclusive owner of the flat,” the judge added.
The judge further noted that the Senior Citizens Act is a legislation to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the
Constitution.
“The intention behind the Senior Citizens Act is to provide for institutionalisation of a suitable mechanism for the protection of life and property of older persons so that they lead a normal life,” the judge said, adding, “The words ‘normal life’ as used in the Act would possess a far deeper and wider concept, deriving its meaning and having a bearing on the fundamental rights of livelihood as guaranteed and enjoyed by senior citizens under Article 21 of the Constitution.”
The judge further held that any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
The judge, accordingly, ordered Pawar to vacate the premises within 15 days.
