NAMDEO BABUJI BANGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are the son and daughter-in-law respectively of respondents 2 and 3, and are assailing the order dtd. 21/1/2020 rendered by the Tribunal constituted under Sec. 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act) whereby the petitioners are directed to vacate the self-acquired residential house of the respondents 2 and 3.

(2.) The thrust of the submissions advanced by the petitioners is that the Act does not envisage a remedy of eviction, and the Tribunal committed a jurisdictional error in virtually treating the application under Sec. 5 of the Act as a suit for eviction.

(3.) In rebuttal, the learned counsel for the parents of petitioner 1, would submit that an order of eviction can be passed by the Tribunal to ensure the security and safety of the parents and senior citizens.