Tribunal upholds senior citizen’s right to dignity, safety and peaceful possession
Jammu Tawi, Oct 27: In a significant ruling underscoring the right of senior citizens to live with dignity in their own homes, an appellate tribunal in Doda has directed the eviction of an elderly man’s son and daughter-in-law from portions of his self-acquired property, according to his lawyer.
The tribunal, headed by Doda District Magistrate Krishan Lal under the Maintenance and Welfare of Parents and Senior Citizens Act, allowed an appeal filed by septuagenarian Niaz Ahmed and modified an earlier order of the Maintenance Tribunal, which had declined to order eviction while directing the respondents not to interfere with his peaceful possession, life and property.
The 19-page order, issued on October 22, directed Sheraz Ahmed, the appellant’s son, and his wife Afsha Begum to vacate the portions occupied by them and hand over possession to Niaz Ahmed, his lawyer Asif Nawaz Banday told on Tuesday.
The property comprises a two-storey building constructed on 10 marlas of land along Dessa Road in Doda, which Niaz Ahmed purchased through a registered sale deed on June 16, 2003.
According to the appeal filed on July 2, the elderly man had sought protection of his life and property, alleging harassment, intimidation, threats and physical assault, besides interference with his peaceful possession. He also alleged that the respondents occupied additional portions of the premises during his temporary absence in February.
The appellant further claimed that a shop on the premises was a source of income and that its alleged occupation had affected his livelihood and peaceful enjoyment of the property.
The Maintenance Tribunal had acknowledged Niaz Ahmed as a senior citizen and owner in possession of the property, but declined eviction, citing pending civil litigation and the possibility of conflicting findings.
Challenging the decision, Niaz Ahmed argued that merely restraining the respondents from interfering with his possession did not provide effective protection in the circumstances.
The respondents opposed the appeal, contending that property and possession disputes should be decided by a competent civil court. They also referred to proceedings under the Protection of Women from Domestic Violence Act, 2005.
After examining the record, the appellate tribunal observed that the appellant’s ownership of the self-acquired property and his status as a senior citizen were not in dispute. It held that allegations of harassment, threats and physical assault, along with concerns regarding his safety and peaceful living, had to be considered collectively.
The tribunal noted that an earlier civil suit for permanent prohibitory injunction had been dismissed in default on March 5 and held that the existence of other proceedings did not, by itself, deprive the Maintenance Tribunal of jurisdiction to provide statutory protection to a senior citizen.
Relying on legal precedents, including a Supreme Court judgment, the tribunal held that eviction could be ordered where necessary to safeguard a senior citizen’s life, property, dignity and peaceful living.
It directed the respondents to vacate the occupied portions and hand over possession to the appellant. The Tehsildar, Doda, was directed to implement the order, with police assistance if required, within 30 days, following the prescribed procedure and notice.
The tribunal clarified that its decision was limited to statutory protection and consequential eviction and would not affect any independent claim or remedy available before a competent court or authority.