Bombay High Court limits tribunal's role in eviction cases

The Bombay High Court has decided that senior citizens cannot use the Maintenance Tribunal to evict other senior citizens from property. This ruling came after a case involving two sisters, both seniors, who were in a dispute over property possession. Justice Sandeep V. Marne stated that the Maintenance and Welfare of Senior Citizens Tribunal, created under a special law in 2007, does not have the power to handle such possession cases. Instead, these matters must be resolved in civil court. The High Court found that the case involved a clear dispute over property and should not be processed by the tribunal. Justice Marne emphasized that using the tribunal for this purpose is a misuse of its authority. The dispute involved a younger sister seeking to evict her elder sister from the first-floor property, claiming encroachment. The court quashed the tribunal's previous order, calling it a serious misstep. In its ruling on March 10, the High Court allowed the petitioners to keep the property but stated that any further action for recovery must go through civil court. The court also clarified that this decision is unique and should not become a standard legal reference.