MANJU TOKAS & ANR. .[Petitioners] Vs. GNCT OF DELHI THROUGH DIVISIONAL COMMISSIONER & ORS. [ Respondents]
W.P.(C) 3927/2024 & CM APPL. 16198/2024
(CORAM: HON’BLE MR. JUSTICE SUBRAMONIUM PRASAD)
Facts: The Petitioner has approached this Court challenging the Order dated 15.01.2024, passed by the Respondent No.1 in Appeal No.844/2023, directing the District Magistrate New Delhi, to decide the application filed by the Respondent No.3 herein on merits and has dismissed the appeal filed by the Petitioner herein against the interim Order dated 23.06.2023, passed by the District Magistrate, New Delhi under the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2016. The appeal of the Petitioner herein has been rejected on the ground that the forum under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 do not have the jurisdiction to entertain an application under Rule 22 of the Senior Citizens Rules read with Senior Citizens Act if there are disputes regarding title of the property from which eviction is being sought.
Issue: Whether in cases where title is disputed, an application under Senior Citizens Rules read with Senior Citizens Act would be maintainable or should the authorities under the Senior Citizens Act must first wait for the title of the property to get cleared before entertaining the application under the Act.?
Arguments on behalf of counsel for petitioner:
Petitioner had contended that since the Respondent No.3 does not have the title over the property she is not entitled to maintain the application under the Senior Citizens Act. The Appellate Authority vide the impugned Order directed the District Magistrate, New Delhi to decide the matter by ensuring a proper independent field inquiry and after hearing both the sides. The Appellate Authority has also held that the District Magistrate could not have held that on the once hand there is ill treatment of Respondent No.3 at the hands of the Petitioners but at the same time not decide the matter finally. The findings of the District Magistrate regarding ill treatment of Respondent No.3 at the hands of the Petitioners herein has been stayed till the District Magistrate decides the case and disposes of the same on merits.
Held: The court dismissed the present petition and held that, “A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the Senior Citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act……. Needless to states that nothing has been mentioned in the Orders of the forums below or the Courts below on the title of the property in question and the same will be decided by the Court of competent jurisdiction in Suits which have been filed by both the sides.”
