THOPPIL ANTO Vs. GLACIN T.A.

JUDGEMENT

(1.) These writ petitions present a dispute between a senior citizen and his son in regard to the occupation of a residential building. The primary question that is to be decided in this case is in regard to the competency of the Maintenance Tribunal to order eviction to protect life and property of the senior citizen.

(2.) Shri Thoppil Anto is a well-known singer in the State. He owns a residential building in Thrikkakkara North Village in Ernakulam District. Glancin T.A. is one of his sons, who stays along with his wife in the aforesaid residential building. Glancin claims that he is occupying the first floor of the residential building. According to him, a huge amount was collected by his father for the construction of the building. It is his case that his father promised transfer of title of the first floor to him. He appears to have moved the civil court for an injunction to restrain his eviction by his father. That suit is pending.

(3.) The senior citizen approached the Maintenance Tribunal, Fort Kochi, to evict his son. According to him, if he lets out the first floor, he will be able to generate income to meet his expenses. Maintenance Tribunal refused to pass an order of eviction. The Tribunal directed Glancin to provide basic amenities and provisions for the welfare of the senior citizen. The Tribunal permitted Glancin to occupy the first floor and; the senior citizen, the ground floor. Challenging the order of the Tribunal, the senior citizen approached the appellate authority. Finding that the occupation of the first floor by Glancin would adversely affect the life of the senior citizen, the appellate authority directed Glancin to vacate the building within six months.