|HC of DELHI at NEW DELHI|
2017-03-15W.P. (C) 10463 of 2015J.Manmohan SinghSunny Paul vs State NCT of DelhiSenior Citizen Act 2007
Maintenance Tribunal Can Order Eviction Of Adult Children In Cases Of Parental Abuse
(1) The direction of eviction is a necessary consequential relief or a corollary to which a senior citizen would be entitled upon a transfer being declared void. In Promil Tomar and Others (supra) the Punjab and Haryana High Court has held that once the transfer of the property to the petitioners is held void by the Tribunal, the consequential benefit would be to restore senior citizens to a position which would be in the shape of status quo ante i.e. a situation which existed prior to the transfer so far as title and possession is concerned.
(2) Consequently, the Maintenance Tribunal has the jurisdiction to not only pass an eviction order but also to issue directions to give effect to the same under Section 23 of the Act 2007.DOWNLOAD | GOOGLE DOCS | VIEW