BHISHAM LAL BANCHHOR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The seminal issue brought before this Court by way of the present writ appeal is whether a landlord, who also happens to be a senior citizen, can seek eviction of his tenant by resorting to the provisions contained in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Act, 2007").

(3.) The brief, undisputed facts, governing the issue, are that by Annexure P/2, dated 11.1.2020, the appellant/petitioner entered into a tenancy agreement with respondent No.4 letting out two shops to him for monthly rent of Rs.7000/- for a period of 11 months. When the tenant did not vacate the premises after the period of the agreement i.e. after 11 months, the appellant moved an application dated 22.1.2021 before the District Magistrate, Durg under Section 23 of the Act, 2007 seeking eviction of the tenant and arrears of rent. When the District Magistrate did not initiate any proceedings, a reminder was filed on 4.2.2021 and immediately thereafter, the writ petition was preferred before this Court. The learned Single Judge has dismissed the petition saying that the nature of relief claimed in the application submitted before the District Magistrate is not cognizable under the Act, 2007.