An appellate tribunal in Doda, Jammu and Kashmir, has issued a significant ruling ordering the eviction of an elderly man’s son and daughter-in-law from portions of his self-acquired property. This decision underscores the rights of senior citizens to live with dignity in their own homes, according to the man’s legal counsel.
The tribunal, operating under the Maintenance and Welfare of Parents and Senior Citizens Act and headed by District Magistrate Krishan Lal, allowed an appeal filed by the septuagenarian Niaz Ahmed. The tribunal modified an earlier order from the Maintenance Tribunal, which had declined to grant eviction but had directed the respondents not to interfere with the elderly man’s peaceful possession, life, and property. The appellate tribunal’s 19-page order, issued on October 22, mandates Sheraz Ahmed, the appellant’s son, and his wife, Afsha Begum, to vacate the parts of the property they occupy and return possession to Niaz Ahmed, as stated by his lawyer, Asif Nawaz Banday, on Tuesday.
Information reaching Tahir Rihat suggests that the property in question is a two-storey building situated on 10 marlas of land along Dessa Road in Doda. Niaz Ahmed had purchased this property through a registered sale deed on June 16, 2003. The appeal, lodged on July 2, detailed how the elderly man had approached the Maintenance Tribunal seeking protection for his life and property. He alleged a pattern of harassment, intimidation, threats, and even physical assault by his son and daughter-in-law, alongside interference with his peaceful possession of the premises.
Further allegations included the respondents occupying additional sections of the house during Niaz Ahmed’s temporary absence in February. The appellant also highlighted that a shop on the property served as his primary source of income, and its alleged occupation by the respondents had negatively impacted his livelihood and his ability to peacefully enjoy his property. The case brought to light a distressing family dispute involving an aging father, whose wife passed away four years prior, and his own son.
In support of his claim, the appellant presented a registered deed of disinheritance dated January 20, 2023, specifically concerning his son. The appellate tribunal, in its review, acknowledged Niaz Ahmed’s status as a senior citizen and his ownership and possession of the property. The tribunal also recognized that his allegations of harassment and threats warranted protection. However, the initial Maintenance Tribunal had hesitated to order an eviction at that stage, citing ongoing civil litigation and the potential for conflicting judicial findings.
Challenging this initial decision, Niaz Ahmed argued before the appellate tribunal that a mere directive to the respondents to refrain from interfering with his possession was insufficient to provide effective protection given the circumstances he described. The respondents, in their opposition to the appeal, contended that the proceedings were not maintainable and that disputes concerning property possession and rights should be adjudicated by a civil court. They also referenced ongoing proceedings under the Protection of Women from Domestic Violence Act, 2005, involving the same parties.
After a thorough examination of the case 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. The tribunal held that the allegations of harassment, threats, and physical assault, coupled with concerns for his safety and peaceful living, must be considered collectively. The tribunal also noted that a prior civil suit seeking a permanent prohibitory injunction had been dismissed in default on March 5. It concluded that the mere existence of other legal proceedings did not, in itself, preclude the Maintenance Tribunal from exercising its jurisdiction to provide statutory protection to a senior citizen.
Drawing upon established legal precedents, including a relevant judgment from the Supreme Court, the appellate tribunal determined that an eviction order could be issued when necessary to safeguard a senior citizen’s life, property, dignity, and right to peaceful living, provided that applicable laws and procedural requirements were met. Consequently, the tribunal directed the respondents to vacate the occupied portions of the property and hand over possession to the appellant. The Tehsildar of Doda has been instructed to take the necessary steps to implement the order, with provisions for police assistance if required. The implementation process is to be completed within 30 days of the order’s receipt, according to the lawyer. The tribunal also stipulated that the respondents must be served with appropriate notice and afforded a reasonable opportunity, as per procedural requirements, before any coercive measures are taken.
The tribunal clarified that its decision was limited to providing statutory protection for the senior citizen and the consequential eviction from his self-acquired property. It further stated that this order would not constitute a final adjudication of any independent claims, defenses, or remedies available to either party before a competent court or authority. Niaz Ahmed’s lawyer, Banday, described the ruling as landmark, emphasizing that it reaffirms the principle that senior citizens should not be left vulnerable within their own homes. For Niaz Ahmed, the order offers a legal pathway to reclaim his property and ensure his security and well-being.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
Leave a Reply