URMILA DIXIT Vs. SUNIL SHARAN DIXIT

JUDGEMENT

(1.) The present appeal arises from the final judgment and order dtd. 31/10/2022 passed by the High Court of Madhya Pradesh at Jabalpur in Writ Appeal No. 1085 of 2022, whereby the judgment and order dtd. 2/8/2022 of the Single Judge of the High Court of Madhya Pradesh in Writ Petition No. 11796 of 2022 was set aside.

(2.) The Single Judge of the High Court had, in turn, affirmed the judgment dtd. 25/4/2022 passed by the Collector, District Chhatarpur in Case No. 91/Appeal/2021-22 and the judgment dtd. 27/9/2021 passed by the SubDivisional Magistrate and Chairman, Chhatarpur in Case No. 98/B-121/2021-22, allowing the application filed by the Appellant herein under Sec. 23 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (hereinafter "the Act") seeking setting aside of Gift Deed dtd. 9/9/2019.

(3.) The Appellant herein is the mother of the Respondent (son). The subject property was purchased by her on 23/1/1968. On 7/9/2019, the Appellant executed a Gift Deed in favour of the Respondent wherein it has been stated that the donee (Respondent) maintains the donor and makes provision for everything. This deed came to be registered on 9/9/2019. Allegedly, on the same day, a vachan patra / promissory note is executed by the Respondent wherein it has been stated that he will take care of the Appellant till the end of her life and if he does not do so, the Appellant will be at liberty to take back the Gift Deed. The Respondent, before this Court, has alleged this vachan patra to be fabricated.