RAMESH Vs. ISHWAR DEVI

JUDGEMENT

(1.) We have heard the learned counsel for the appellant as also learned counsel for caveat or-Ishwar Devi, respondent No.1 and have gone through the paper-book.

(2.) Brief facts as culled out from the paper book are that Ishwar Devi is an unfortunate widow aged more than 76 years old. Her deceased husband gave four Killas of land each to his both sons and one house each and two shops outside the house and the house is also behind the shop. Out of these, one shop was also given in writing to his younger son and the land measuring four Killas, one house and one shop were left for maintenance of respondent no.1- Ishwar Devi. After two years of the death of her husband, her younger son-Ramesh @ Pappi who is appellant herein asked his mother to transfer the second shop in his name and by playing fraud with her with the excuse of transfer of the shop, he also transferred her own house in his name and she came to know this fact only after two years when he installed the shutter in the passage of road and closed the passage from that side. It is the case of old aged widow mother that her son-Ramesh, the appellant herein ousted her from the house and Ramesh alongwith his sons also gave beatings to her. Even efforts for compromise were made before the Panchayat two-three times, but of no avail. Ultimately, she approached the SDM exercising the powers of Presiding Officer, Maintenance Tribunal, Tohana (for short 'the SDM') by filing application under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short the 'Act of 2007') to get the registry of the house and one shop to be returned to her and for protection of her life, liberty and property and for grant of maintenance alongwith allowing her to live in the house with dignity. The SDM allowed the application of the mother and ordered to cancel the transfer deed dated 04.09.2015 vide which two shops measuring area 32.32 square yards and transferred again in favour of the mother and allowed to live the mother in the house in question till her age and till she is alive and also ordered her son, Ramesh to give Rs. 2,000/- per month as subsistence allowance to his mother vide order dated 19.08.2019 (Annexure P-4).

(3.) Aggrieved against the aforesaid order of the SDM, Ramesh filed appeal before the Appellate Tribunal, chaired by District Collector, Fatehabad (for short 'the Appellate Tribunal'). The Appellate Tribunal by passing an order dated 11/12.02.2020 (Annexure P-l) partly reversed and set aside the well reasoned findings of the SDM with regard to cancellation of the transfer deed and only maintained grant of maintenance and the right to live in her house.