Care for Elders ≠ Old Age Home

Law recognizes three types of possession –  of an owner, as a tenant and permissive possession, possession which otherwise would be illegal or of a trespasser. We are concerned with permissive possession.

The possession of Rajendra Prasad Agarwal and Meera Agarwal in a room of an Old Age Home is of a licensee permitted to enjoy possession, but without creating any interest in property. They had no legal right to protect their possession without complying with corresponding obligations, as their possession is not a legal possession but only a permissive possession.

The fact remains, abandonment of parents by their children is now a hard fact of life. One can understand, mental trauma which parents face. But, agony suffered by a parent cannot be a cause of disturbance to other inmates or to organizers who have resolved to take care and run an Old Age Home.

Samarpan Varishtha Jan Parisar shall arrange an alternative Old Age Home for Rajendra Prasad Agarwal and Meera Agarwal, as one offered by Social Welfare Department.

Hon’ble Justice Hemant Gupta, Samarpan Varishtha Jan Parisar v. Rajendra Prasad Agarwal, [Civil Appeal No. 3520 of 2022].