The direction of eviction is a necessary consequential relief or a corollary to which a senior citizen would be entitled upon a transfer being declared void.

Sunny Paul & Anr vs State NCT OF DELHI & ORS

Delhi HC

15/03/2017

W.P.(C) 10463/2015 & CM APPL. 43227/2016

About/from the judgment:

The direction of eviction is a necessary consequential relief or a corollary to which a senior citizen would be entitled upon a transfer being declared void.

 

In Promil Tomar and Others (supra) the Punjab and Haryana High Court has held that once the transfer of the property to the petitioners is held void by the Tribunal, the consequential benefit would be to restore senior citizens to a position which would be in the shape of status quo ante i.e. a situation which existed prior to the transfer so far as title and possession is concerned.

 

the Maintenance Tribunal has the jurisdiction to not only pass an eviction order but also to issue directions to give effect to the same under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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