Overview
- Justices Riyaz I Chagla and Farhan P. Dubash set aside the Senior Citizens Welfare Tribunal’s order and an October appellate affirmance on December 8.
- The court stressed that the father sought no maintenance and alleged no cruelty or harassment, so the statute’s summary remedy could not be invoked.
- The father has never lived in the Four Bungalows, Andheri West property and resides in a Juhu flat, while the son and his wife occupy the bungalow.
- A 2013 written declaration by the father allowed the son and his wife to live in the bungalow and run their business there indefinitely without payment.
- The bench recorded failed settlement efforts for the father to use the ground floor, noted the plea looked like a counter to the son’s 2019 partition suit, and said proprietary disputes must go to the proper forums.