Doda, October 27: An appellate tribunal in Jammu and Kashmir’s Doda district has directed an elderly man’s son and daughter-in-law to vacate portions of his self-acquired property, emphasising the need to protect senior citizens’ rights to safety, dignity and peaceful living.
The order was passed by the appellate tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, headed by Doda District Magistrate Krishan Lal. The tribunal allowed an appeal filed by septuagenarian Niaz Ahmed and modified an earlier order that had declined to direct the eviction of the respondents.
According to advocate Asif Nawaz Banday, who represented the elderly man, the 19-page order dated October 22 directs his son, Sheraz Ahmed, and daughter-in-law, Afsha Begum, to vacate the portions they occupy and hand over possession to the appellant.
The disputed property consists of a two-storey building constructed on 10 marlas of land along Dessa Road in Doda. Niaz Ahmed had purchased the property through a registered sale deed on June 16, 2003.
In his appeal, filed on July 2, the elderly man alleged that he had faced harassment, intimidation, threats and physical assault from the respondents. He also claimed that they had occupied additional portions of the property during his temporary absence in February.
The appellant further submitted that a shop on the premises provided him with a source of income and that its alleged occupation had adversely affected his livelihood and peaceful enjoyment of the property. He also relied on a registered deed of disinheritance concerning his son, executed on January 20, 2023.
The Maintenance Tribunal had earlier acknowledged Niaz Ahmed’s status as a senior citizen and the owner of the property. However, it declined to order eviction, citing pending civil litigation and the possibility of conflicting findings.
Challenging that decision, the elderly man argued that merely restraining the respondents from interfering with his possession did not provide adequate protection in the circumstances he had described.
The respondents opposed the appeal, questioning its maintainability and arguing that disputes concerning possession and property rights should be decided by the competent civil court. They also referred to proceedings under the Protection of Women from Domestic Violence Act, 2005.
After examining the record, the appellate tribunal observed that the appellant’s ownership of the self-acquired property and his status as a senior citizen were undisputed. It held that the allegations of harassment, threats and physical assault, along with concerns about his safety and peaceful living, required consideration together.
The tribunal also noted that an earlier civil suit seeking a permanent prohibitory injunction had been dismissed in default on March 5. It observed that the mere existence of other proceedings did not automatically prevent the tribunal from considering statutory protection for a senior citizen.
Relying on legal precedents, including a Supreme Court judgment, the tribunal held that eviction could be ordered where necessary to safeguard a senior citizen’s life, property, dignity and peaceful living, subject to applicable legal and procedural requirements.
The tribunal directed the Tehsildar, Doda, to take the necessary steps to implement the order, with police assistance if required. The implementation process is to be completed within 30 days of receipt of the order, while ensuring appropriate notice and a reasonable opportunity for the respondents as required by law.
Clarifying the scope of its decision, the tribunal said the order was limited to statutory protection for the senior citizen and eviction from his self-acquired property. It would not amount to a final determination of any independent claims or remedies available to either party before a competent court or authority.
Advocate Banday described the ruling as significant, stating that it reaffirmed the need to protect senior citizens from vulnerability within their own homes.
The order provides Niaz Ahmed with a legal route to regain peaceful possession of his property and seek protection of his dignity and security, he said.
