ALMAS SK @ ALMACH SEKH Vs. FELUJAN BEWA

JUDGEMENT

(1.) The impugned order No. 4 dated 11.05.2018, passed by the District Magistrate, Nadia in connection with case No. 02 of 2017/2018 being the Presiding Officer of Appellate Tribunal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, affirming the order dated 03.07.2017, passed by the learned Sub-Divisional Magistrate, Tehatta, Nadia, being the learned Tribunal Judge in canceling the gift deeds, being numbered as I-06932/2008 and I-05933/2010 in Maintenance Case No. 005 of 2016 after causing modification of maintenance amount from Rs. 3500/- per month to Rs. 2000/- per month to the mother, is the subject of challenge in this Revisional Application under Article 227 of the Constitution of India.

(2.) Admittedly, mother/opposite party No. 1 made an application for maintenance, dated 31.08.2016 before the Maintenance Tribunal at Tehatta, in connection with case No. 005 of 2016, furnishing some information, shown in Form. No. A of Rule 4(1) of West Bengal Maintenance and Welfare of Parents and Senior Citizens Rules, 2008. In such petition for maintenance allowance being a senior citizen, the mother alleged against her son describing son/petitioner to have inflicted torture, cruelty, both verbally and physically upon her and also abused her putting the mother in a state of extreme oppression after causing violence on repeated occasions. The petitioner/son was further alleged to have refused to provide basic amenities and basic physical needs of senior citizen mother in violation of the condition of deed of gifts, allegedly cancelled by Appellate Tribunal in this case. The Tribunal on the basis of the enquiry report believed the case of the senior citizen mother being a victim of oppression, caused by her own son/petitioner, and granted maintenance at the rate of Rs. 3500/- per month in order to ensure a modest living to senior citizen mother. Since the son/petitioner expressed no remorseful words towards causing illtreatment to his mother, the Tribunal proceeded to make application of the provision of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in order to cancel the deeds, said to have been transferred by mother in favour of son, the reference of which was shown in the application for maintenance itself. By impugned order dated 11th May, 2018, District Magistrate, Nadia, in connection with case No. 2 of 2017/2018, being the Presiding Officer of the Appellate Tribunal while affirming the order of the Tribunal not only cancelled the gift deeds being Nos. I-06932/2008 and I-05933/2010, but also reduced the maintenance amount to Rs. 2000/- per month from Rs. 3500/- per month to senior citizen mother in modification of the amount of maintenance to mother.

(3.) Learned advocate for the petitioner argued that the District Magistrate, Nadia, being the Presiding Officer of the Appellate Tribunal, improperly exercised his authority/power while making cancellation of two gift deeds. Adverting to Serial No. 10 of the application dated 31.08.2016, with reference to Form No. A under Rule 4(1) of West Bengal Maintenance and Welfare of Parents & Senior Citizens Rules, 2008 filed by the senior citizen mother before the Maintenance Tribunal at Tehatta, learned advocate for the petitioner submitted that the deed of gift, sought to be cancelled, was executed long before the five years prior to the date of filing the instant application. Learned advocate for the petitioner further submitted that the deed allegedly made within five years before the date of tendering the maintenance application, could be cancelled in view of the deeming provisions, engrafted in Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, subject to the option being exercised by the transferor mother, but in the instant case, no conspicuous and manifest option being exercised by the transferor mother, the deed of gift could not be cancelled.