Senior Citizens Act — Eviction Upheld · 15 May 2026

Krishnawtar Nagar & Ors. v. Smt. Vimla Devi Nagar: Rajasthan High Court Upholds Eviction of Senior-Citizen Son to Protect Octogenarian Parents

High Court of Rajasthan · 2026 LiveLaw (Raj) 173

A residential property stood in the name of an octogenarian mother, whose son, daughter-in-law and grandson lived there with her and her husband, also an octogenarian. The parents alleged they were subjected to harassment, abusive conduct and threats by the son, daughter-in-law and grandson, creating an atmosphere of fear and insecurity, and sought their eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The son and his family resisted eviction, arguing he had made substantial financial investment in the property, that the octogenarian father received a government pension, and that eviction would cause them serious financial and personal hardship — the son himself having by then reached senior-citizen age.

The Rajasthan High Court dismissed their petition and upheld the eviction. Relying on the Supreme Court's ruling in S. Vanitha v. Deputy Commissioner, Bengaluru Urban District, it held that the 2007 Act is beneficial legislation meant to secure a senior citizen's protection, dignity and peaceful living, and that authorities may order eviction where that is breached — regardless of the property's other occupants also being senior citizens themselves. Weighing the long-running dispute between the parties and the fact that the grandson was young and able-bodied, the Court found no illegality in the eviction order and dismissed the petition.

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