Allahabad HC stays eviction of couple from old-age home

In a landmark verdict, the Lucknow bench of Allahabad High Court has stayed the eviction of an abandoned old couple from an old-age home.

The home is run by the management of Gayatri Parivar Trust by the name of Samarpan in Adilnagar, on land leased out to it by the Lucknow Municipal Corporation.

The court ruled that the couple would not be evicted from the old-age home till disposal of a suit pending before the court of civil judge (junior division), with regard to the controversy.

A bench of Justice Jaspreet Singh passed the directives on a writ petition filed by the couple against the order issued by an additional district judge (ADJ) on October 20, 2020, whereby he had set aside the order of the court of civil judge (junior judge), which had given protection to the old couple from eviction.

Allowing the petition filed against the order of ADJ, the bench said that the order issued by the court of civil judge is restored with the condition that the petitioners (couple) shall pay the monthly charges for their occupation in the old-age home, inclusive of the charges for the meals and electricity at a tentative rate of Rs 12,000 per month.

The amount would be payable at the end of every month by cheque for which the management shall issue a receipt.

According to reports, the couple was abandoned by their own children in 2016. They had approached the Samarpan old-age home for shelter.

As per requirement, they had deposited Rs 75,000 as security money and agreed to pay monthly charges against their stay in the home.

Later, in 2019, the couple moved the civil court pleading that the management of the home was adamant to evict them illegally.

The management, however, pleaded the bad behaviour of the old couple, especially the woman, as the reason it wanted to evict them.

The management further stated that the couple had three daughters residing in the city itself and as such they can live with them.

The civil judge had granted protection to the parents, but in appeal, the ADJ set aside the civil judge's order. Now, the high court has restored the order of the civil judge with certain additional directions for the civil judge.