Man who misbehaved with parents can’t stay in their house, says Karnataka HC
FEBRUARY 19, 2019 00:00 IST
UPDATED: FEBRUARY 19, 2019 03:40 IST
“If a relative of a senior citizen occupies the property, a licence is created in his favour in the immovable property as otherwise it would be unlawful to be in occupation of the property in the absence of such a right. It is well settled in law that licence can be oral,” the court said while pointing out that the petitioner was allowed to stay in father’s house on the condition that he should not harm his parents.
From the documents and proceedings before the tribunal, the court noted that a criminal case was registered against the petitioner in 2017 for misbehaving with the parents and a chargesheet was filed against him, and another criminal case was registered in July 2018 for manhandling his mother by pushing her from the staircase due to which she had suffered injuries. After this incident the parents invoked the law against him.
The petitioner claimed that parents do not require maintenance as both of them earn handful pension while contending that the tribunal had no power to direct him to vacate the house.
However, the court held that the tribunal deemed to possess the power to grant relief of possession to senior citizen or parent in the absence of any prohibition while pointing out that sending senior citizens to civic court to seek possession of the house would be against the object of the Act, enacted to provide speedy remedy to parents and senior citizens in distress.
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