Bombay HC Quashes Maintenance Tribunal's Order, Rules It Cannot Adjudicate Possession Recovery Cases Between Senior Citizens

The Bombay High Court ruling came out on Saturday, 22 March 2025 saying that the Maintenance Tribunal established under the Maintenance and Welfare of Senior Citizens Act,2007 cannot pass a judgement in case of possession recovery where both the parties are senior citizens. The court declared that senior citizens cannot file a lawsuit for possession recovery against another senior citizen under this act, reported Live Law.

According to their report, Justice Sandeep V. Marne highlighted that such a case can only be arbitrated by a civil court. The ruling was a response to an ongoing property possession of two female blood relatives who are senior citizens. The court called the tribunal’s order a misuse of power, according to LiveLaw’s report.

Justice Sandeep Marne remarked on the ongoing case of 2 sisters that it appears to be arbitration for recovery of possession of first-floor premises, which, in his opinion, cannot be filed by involving the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, the report said. This is a special law meant for senior citizens’ maintenance.

Marne further stated that the proceedings looked to be in the form of a claim for recovery of premises, which the tribunal could not have considered and resolved.

“To make the case of respondent no: 2 worse, petitioner no: 1 is her sister and also a senior citizen,” he said.

According to the findings, one senior person cannot use the Maintenance Tribunal's authority to regain ownership of premises from another citizen.

The lawsuit was brought by a younger sister, who petitioned the High Court against the tribunal's decision. She had sought the removal of her elder sister from the first-floor property, citing encroachment. "In my view, therefore, the present cases involve gross abuse of jurisdiction of the tribunal which is utilised to secure possession of first-floor premises from one senior citizen by another senior citizen," the report said.

In a judgment dated March 10, the High Court allowed the petitioners to keep the property but noted that the younger sister may only seek recovery in civil court. It further stated that the High Court heard the case because of its exceptional circumstances and that it should not be interpreted as a precedent.

The Bombay High Court has made it clear that any lawsuit of a similar case will not be entertained by the maintenance tribunal, the parties will have to seek the Civil Court's help. 

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