Introduction:

In the case of Ravi Shankar and Anr vs The State of Bihar and Ors, the Patna High Court addressed a dispute involving a son’s occupancy of his father’s property. The son, Ravi Shankar, had forcibly occupied three rooms in a guest house owned by his father, leading to a legal battle under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Arguments from Both Sides:

Ravi Shankar’s father, the complainant, asserted that his son’s occupation deprived him of rental income and accommodation in one of the rooms, alleging harassment and financial harm. The tribunal issued an eviction order against Ravi, considering the property as belonging to the complainant, a senior citizen. However, Ravi argued against the tribunal’s jurisdiction, claiming joint family ownership and his father’s alternative means of support.

Contrarily, the complainant emphasized his dependence on the rental income from the guest house and accused Ravi of illegal occupation and harassment.

Court’s Judgment:

The division bench of the High Court ruled that merely due to their relationship, a son doesn’t inherently have the right to reside in his father’s property. Acknowledging the separate residences of the father and son, the Court set aside the tribunal’s eviction order. Instead, it directed an inquiry into reasonable rent for the rooms occupied by Ravi and ordered him to pay this rent to his father regularly.