NANDKISHOR SHIVDIN SAHU Vs. SANJEEVANI NARESH PATIL

JUDGEMENT

(1.) The issue arises in this petition is as to whether it is within the jurisdiction of the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Act") to decide the issue about a gift or any document being obtained from senior citizen by fraud and whether the proceeding under Sec. 23 of the Act, can be used to seek declaration of any document/transfer as cancelled bypassing process of adjudication of real dispute regarding validity of transaction.

(2.) The petitioners herein are challenging the order dtd. 12/12/2022 passed by the Tribunal under the Act whereby the gift deed in respect of the subject property executed by respondent No.1 in favour of the petitioners was cancelled and this order was upheld by the appellate authority by passing the order dtd. 9/10/2023.

(3.) The facts, which led to filing of this petition, can be narrated in brief as under :