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Rajeswar Prasad Roy v. The State of Bihar & Ors., 2025

Eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act) – Rights of senior citizens over self-acquired property and protection from harassment by children.

Supreme Court of India·10 April 2025
Rajeswar Prasad Roy v. The State of Bihar & Ors., 2025
Protection of Women From Domestic Violence Act, 2005
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Judgement Details

Court

Supreme Court of India

Date of Decision

10 April 2025

Judges

Justice Vikram Nath ⦁ Justice Sandeep Mehta

Citation

Acts / Provisions

Section 13(1)(ia), Hindu Marriage Act, 1955

Section 25, Hindu Marriage Act, 1955

Facts of the Case

  • The appellant, a retired employee of the Bihar State Housing Board, was the sole leaseholder of a property in Kankarbagh, Patna, since 1992.

  • After retirement, he constructed 20 rooms and rented them to generate income. He lived elsewhere with his wife.

  • His son (respondent no. 8) and daughter-in-law (respondent no. 9) allegedly encroached upon multiple rooms on the property and began harassing him.

  • They made false criminal threats, refused to vacate, and caused mental and physical hardship.

  • The appellant approached the Maintenance Tribunal, which passed an eviction order.

  • This order was upheld by the Single Judge of the High Court but overturned by the Division Bench, which recommended rent imposition instead of eviction.

  • The matter reached the Supreme Court on appeal.

Issues

  1. Whether a senior citizen can seek eviction of their children from self-acquired property under the MWPSC Act, 2007?

  2. Whether the Maintenance Tribunal has the authority to order eviction under Section 23(1)?

  3. Whether imposing a rental obligation is a sufficient remedy in cases of harassment and unauthorized occupation by children?

Held

  • The property was self-acquired, and the respondents had no legal right to occupy it.

  • The Maintenance Tribunal has the authority to order eviction to protect the life and property of senior citizens.

  • The purpose of the MWPSC Act would be defeated if parents cannot evict abusive or encroaching children.

  • The respondents were allowed to pursue civil remedies if they claim a legal right, but their conduct warranted immediate eviction.

Analysis

  • The Supreme Court reaffirmed that Section 23(1) must be read purposively, in favor of protecting vulnerable senior citizens.

  • The court leaned on precedent (S. Vanitha) which clarified that Tribunals can order eviction if necessary to protect a senior citizen’s rights.

  • The court emphasized that harassment and occupation without title do not entitle the encroachers to claim rental remedies in lieu of eviction.

  • This judgment reinforces the protective nature of the MWPSC Act and empowers Maintenance Tribunals as effective forums for relief.

  • The judgment underscores the importance of dignified living for senior citizens, free from coercion or misuse of familial relationships.