Bombay High Court
Manoj Bhimrao Tamboli And Another vs Bhimrao Shivdas Tamboli And ... on 16 March, 2021
Bench: V.K. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
912 WRIT PETITION NO.4613 OF 2021
MANOJ BHIMRAO TAMBOLI AND ANOTHER
VERSUS
BHIMRAO SHIVDAS TAMBOLI AND OTHERS
.....
Advocate for Petitioners : Mr. Karpe Rahul R.
AGP for Respondents 5 and 6: Mr. S.R. Yadav
.....
CORAM : V. K. JADHAV, J.
DATED : 16th MARCH, 2021
PER COURT:-
1. Heard learned counsel for the petitioners. Respondent Nos. 1 and
2 have filed an application under Section 5 of the Maintenance and
Welfare of Parents and Senior Citizens Act, 2007 (hereinafter for the
sake of brevity referred to as "the Senior Citizens Act, 2007") before the
Tribunal i.e. Sub Divisional Officer concerned. The learned Sub
Divisional Officer by order dated 15.4.2019 partly allowed the
application thereby directing the petitioners to hand over the possession
of two shops situated in the shopping complex of Dwarkadhish Mandir
Sansthan to respondent Nos. 1 and 2 herein.
2. Being aggrieved by the same, the petitioners have filed an appeal
before the appellate Tribunal. However, by judgment and order dated
9.2.2021 the appellate Tribunal has dismissed the appeal by confirming
the order passed by the Tribunal i.e. Sub Divisional Officer.
3. Learned counsel for the petitioners submits that in terms of the
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provisions of Senior Citizens Act, 2007, a senior citizen, including the
parent, who is unable to maintain himself from his own earning or out of
the property owned by him, shall be entitled to make an application
under Section 5 of the Senior Citizens Act, 2007. Learned counsel
submits that in terms of the provisions of Section 2(b), the
"maintenance" includes provision for food, clothing, residence and
medical attendance and treatment. The Tribunal is empowered to pass
appropriate order about grant of maintenance in terms of provisions of
Section 9 of the Senior Citizens Act, 2007. Learned counsel submits
that it is nowhere contemplated in the Act about issuing directions for
handing over the possession of the shops. Learned counsel submits
that the Tribunal so also the appellate Tribunal have exceeded their
jurisdiction and passed the impugned orders.
4. Learned counsel for the petitioners, on instructions, submits that
the petitioners are regularly paying the rent at the rate of Rs.4000/- per
month to the appellants i.e. respondent Nos. 1 and 2 herein.
Furthermore, the petitioners have already paid the municipal taxes of
the residence to the extent of share of the petitioners and further the
municipal tax of the shops is only due and outstanding to the extent of
Rs.10,000/-. So far as the remaining tax of the residence is concerned,
respondent No.3, who is real brother of the petitioner No.1, is required
to pay the said tax.
5. Learned counsel for the petitioners, on instructions, submits that
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the petitioners are ready to deposit before this Court an amount of
Rs.25,000/- to show their bonafides as an amount of maintenance and
further during pendency of this writ petition, the petitioners are ready to
pay Rs.4,000/- p.m. to the respondents parents.
6. In view of above submissions, issue notice to the respondents,
returnable on 20.04.2021.
7. Learned A.G.P. waives notice for respondent Nos. 5 and 6.
8. Till the next date of hearing, the effect, execution and
implementation of the orders impugned in this writ petition are hereby
stayed on the following conditions:-
a) The petitioners shall deposit an amount of Rs.25,000/- before this
Court within two weeks from today.
b) The petitioners shall also pay Rs.4,000/- per month to respondent
Nos. 1 and 2 before 10th day of each month either by depositing
the same before this Court or by transfer of the said amount in
the bank account either of respondent Nos. 1 or respondent No.
2.
( V. K. JADHAV, J.)
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