JAYANTA GHOSH Vs. AJIT GHOSH

JUDGEMENT

(1.) The petitioners were the opposite parties in Maintenance Case No.26 of 2019 which was filed by the opposite party herein, before the learned Maintenance Tribunal, Hooghly, under Sections 10 (I), (4), 23, 2(b), 2(d), 2(f), of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act). The petitioners are aggrieved by an order dated November 13, 2019 passed by the learned Tribunal on the following grounds:-

(2.) The facts of the case in an nutshell is that by a registered deed of gift dated July 18, 2018, Ajit Ghosh, the opposite party herein, transferred a two storied building together with the appurtenant land measuring 0.026 Acre situated at L.R. plot no.639, L.R. khatian no. 53, Mouja and Police Station - Chinsurah (J.L. no.20), District- Hooghly, Municipal holding no.71/24 under Ward no.22, Chinsurah Municipality (hereinafter referred to as the said property), to his son Jayanta Ghosh, the Petitioner No.1. Thereafter, by a registered deed of gift dated November 14, 2018, the Petitioner No.1transferred the suit property to his wife and son, the petitioners Nos.2 and 3 herein. The petitioners reside on the first floor and the parents reside in the ground floor. Both have separate entrances and toilet facility for their exclusive use in their respective floors. The petitioners have alleged that the married daughters of the opposite party and their husbands with ulterior motive tried to grab the said property, conspired with few developers and created a cloud over the petitioners' title over the suit property. Under such circumstances, being left with no other alternative the petitioners Nos.2 and 3 were constrained to institute a civil suit being Title Suit No.371 of 2019 (hereinafter referred to as the suit), seeking a decree for declaration of title and injunction against the daughters and sons-in-law of the opposite party. In the said suit, the petitioner nos.2 and 3 filed an application for injunction, thereby seeking to restrain the defendants therein from disturbing the peaceful possession of plaintiffs in respect of the suit property. By an Order no.2 dated September 17, 2019, the Court of Learned Civil Judge (Jr. Division), 1st Court, Hooghly directed the parties to maintain status quo in respect of nature, character and possession of the suit property. The opposite party filed an application seeking maintenance under the said Act which was registered as Maintenance Case No.04 of 2019. By an order dated August 7, 2019, the learned Tribunal directed the petitioner No.1 to pay maintenance of a sum of rupees 10,000/- per month. The opposite party further filed Maintenance Case No.17 of 2019. The learned Tribunal by an order dated August 30, 2019, directed the inspector- in-charge, Chinsurah to restore the possession to the opposite party and his wife in the said property. The opposite party again filed an application before the learned Tribunal seeking cancellation of the said deed of gift. The said application was registered as Maintenance Case No.26 of 2019.

(3.) Ultimately by an order dated November 13, 2019, the learned Tribunal allowed Maintenance Case No.26 of 2019, thereby cancelling the two registered deeds of gift dated July 18, 2018 and November 14, 2018, and further directing the petitioners to vacate the said property within six months from the said order. Pursuant to the said order, the appropriate authorities have already cancelled the mutation which was made in the name of the petitioners in respect of the property. The order dated November 13, 2019 is set out below:-