GURUDWARA GURU RAVI DASS Vs. ADDITIONAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) Petitioner-Gurudwara Guru Ravi Dass is seeking quashing of the order dated 30.10.2020 (Annexure P-3) passed by respondent No.1 as well as order dated 10.10.2019 (Annexure P-2) passed by respondent No.2, whereby petition under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has been allowed and gift deed No.1045 dated 20.07.2017, executed in favour of the petitioner-Gurudwara, has been ordered to be set aside.

(2.) Brief facts of the case are that an application dated 11.07.2019 (Annexure P-1) was made by respondent No.3-Gurdial Kaur wife of Mela Singh to the SDM, Raikot, stating therein that a gift deed has been got executed by one Balvir Singh in favour of Gurudwara Guru Ravi Dass Bhagat Ji, village Ghuman. She (Gurdial Kaur) was 90-95 years of age and her husband was aged about 103 years. The aforesaid gift deed has been got executed without their knowledge and the same has caused injustice to them. It was further stated that the said gift deed has been got executed keeping in view their old age. The said application has been allowed vide orders dated 10.10.2019 and 30.10.2020 (Annexures P-2 and P-3) and both the Courts have held that gift deed in dispute was got executed in the presence of one Balvir Singh without the consent of applicant-Gurdial Kaur (respondent No.3 herein). Applicant (Gurdial Kaur) and her husband do not have any other residential house. The Naib Tehsildar, Raikot had also recommended cancellation of the above said gift deed as per his inspection report. Vide order dated 30.10.2020 (Annexure P-3), the Collector, Jagraon, has further observed that as per report dated 29.01.2020 given by Tehsildar, Raikot, a bhog ceremony of some person was being performed in Gurudwara Ravi Dass Bhagat and there was heavy gathering. The house, which had been gifted by Gurdial Kaur wife of Mela Singh, was situated opposite the said Gurudwara. The house was bolted from inside and the person, who was present at the spot, told that Gurdial Kaur and her husband Mela Singh are residing in that house and they are quite old, therefore, they cannot come out. On knocking by Tehsildar, Raikot, one boy opened the gate of the house. After entering into the house, it was seen that Gurdial Kaur was sitting on the cot and was in her full senses. Mela Singh was also lying on the cot. When asked about the gift deed of the house, Gurdial Kaur told that her brother had taken her to his village on the pretext of meeting and thereafter, he got executed the gift deed from her. She and her husband can be thrown out of the house any time by the persons of Gurudwara Sahib. Apart from this house, they are not having any other house. Gurdial Kaur stated that they do not have any child and are being taken care of by the grandson of the brother of Mela Singh. Mela Singh is an Ex-serviceman and is getting pension. They are leading their life with pension. In this backdrop, Tehsildar Raikot recommended cancellation of the gift deed.

(3.) Learned counsel for the petitioner has vehemently argued that under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the gift deed cannot be set aside. This argument is liable to be rejected. As per Section 23 of the Act, if any senior citizen, out of love and affection, gives his house or property to any loved one or legal heir for the reason that he (senior citizen) will be looked after by him/her, but subsequently, the senior citizens are not taken care of by that person(s), then the gift deed can be set aside. In Sumesh Anand vs. Smt. Vinod Anand and others,2016 5 RCR(Civ) 297, the Division Bench of this Court has examined a case, where mother had transferred her property in favour of one relation and had sought cancellation of that gift deed on the ground that the same had been executed on account of fraud. The Divison Bench observed that the gift deed had been executed with a condition that the beneficiary will take care of the transferor and in case the beneficiary is unable to do so, the gift deed will be void. Having failed to take care of physical needs and basic amenities of the parents in their old age, avoidance of the transfer documents could not made in terms of Section 22 of the Act. In Harvinder Kaur Bawa vs. The Appellate Tribunal, Panchkula and others , 2017 1 RCR(Civ) 853, while examining the provisions of Section 23 (1) of the Act, this Court held as under:-