NAVEEN KUMAR Vs. RAM RATI

JUDGEMENT

(1.) Briefly stated, the facts of the case are that Smt.Ram Rati wife of late Sh.Ram Mehar, resident of village Pitampura, Tehsil Rai, District Sonepat had brought an application under Maintenance and welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Act) against her grandson Naveen Kumar son of Sh.Sajjan, resident of village Pitampura, Tehsil Rai,District Sonepat seeking ejectment of the latter from one plot measuring 100 square yards with construction standing thereon. According to the applicant -first party, she was allotted a plot measuring 100 square yards by Gram Panchayat of village Rai, District Sonepat, which she had transferred in favour of her grandson Naveen ' respondent ' second party vide deed No.2979/1 dtd. 7/12/2016; before the transfer the respondent ' second party had assured applicant ' first party that he would take care of her and maintain her but soon after the transfer of property, attitude of Naveen Kumar towards the petitioner changed and he started misbehaving and quarrelling with the applicant going to the extent of giving beatings to her; Prem a son of applicant ' first party had filed a complaint against Naveen Kumar ' second party in that regard with Police Station Kundli, on the basis of which formal FIR was registered; the respondent- second party was arrested and released on bail in that case, as such, the applicant ' first party had brought the application in question.

(2.) On notice being issued, the respondent ' second party put in appearance and submitted written reply denying the allegations with regard to his misbehaving with the applicant, quarrelling with her or giving thrashings to her. According to him, the applicant had filed the application at the instance of her son Prem by concocting a false story; as a matter of fact son of applicant namely Prem had caused fracture on the leg of Ram Rati and assaulted Jyoti, sister of respondent Naveen regarding which FIR No.610 of 2015 was registered with Police Station Kundli, District Sonepat; the matter is pending trial in the Court; that when applicant Ram Rati had suffered injuries, the respondent ' second party had got her treated from Dua Hospital, Sonepat bearing all the expenses; he has been treating the applicant with due respect; on the other hand the applicant is a quarrelsome lady due to which her children did not wish to keep her with them; the respondent ' second party has been residing with applicant ' first party for more than 10 years; both of them are having a joint ration card; that after registration of the transfer deed in question, the respondent ' second party had constructed a residential house on the plot by spending more than Rs.25.00 lakhs; Prem son of applicant with an intention to get that construction demolished had got filed a false complaint from applicant against the respondent; the respondent second party offered to maintain the applicant by giving monthly maintenance amount and prayed for dismissal of the application.

(3.) After hearing arguments, Sub-Divisional Magistrate ' cum ' Chairman,Maintenance Tribunal, Sonepat vide order dtd. 4/1/2019 allowed the application. For ready reference, the operative part of the said order is being reproduced as under: During arguments, the ld. Counsel for the second party submitted that the applicant with common intention and conspiracy with her son Prem filed the false and concocted complaint against the second party for unnecessary harassing him and for giving undue benefits to her son, Prem. After the registration of Deed No.2979, dtd. 07/12/2016 the second party invested more than 25 lakhs approximately, had constructed the residential house on the said plot. The son of the applicant, Prem by alluring the applicant with the bad intention for demolishing the constructed house filed this complaint on wrong facts. The second party is ready to maintain and serve the applicant with him by giving her monthly maintenance amount. Therefore, the ld. Counsel for the second party requested that the application of the applicant be dismissed. After hearing the ld. Counsel of both the parties and on examination the records available in the file, it is found that the Gram Panchayat has allotted 100 sq. plot in name of the applicant. The applicant has got transferred the plot vide deed No.2979/1, dtd. 07/12/2016 to her grandson, second party Naveen Kumar. According to the statement in this court, the applicant Ram Rati did not want to take maintenance. It appears that before the registration of the documents, there was no ill-will between the parties. After registration of the documents by the applicant in favour of the second party and due to the differences arisen between them, the second party, Naveen Kumar is not maintaining and looking after the applicant/Ram Rati properly. Therefore, on considering the all above facts, there is a force in this application of the applicant and is hereby accepted. It is ordered that the documents Deed No.2979/1 dtd. 07/12/2016 registered in favour of the second party by the applicant is cancelled. The copy of it is send to Joint Sub Registrar, Rai with the orders to ensure the documents/Deed No.2979 dtd. 07/12/2016 be entered in the copy of office.