BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present petition, the grievance being raised by the petitioner is that Modan Singh i.e. senior citizen was unmarried and he was being taken care of by his 02 nephews namely Buta Singh (petitioner) and Hari Singh. The senior citizen - Modan Singh transferred a land vide transfer deed No.550 dtd. 5/7/2012 in favour of the petitioner. Out of the total land owned by the senior citizen, only 02 acres were transferred in favour of Buta Singh. The said land was transferred without there being any condition that the transferee will take care of the transferor as, the transferor was already having his own land apart from one transferred to the petitioner -Buta Singh.

(2.) Thereafter, an application was filed under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short - the 2007 Act) for the purpose of canceling of the said transfer deed on the ground that the petitioner is not taking care of Modan Singh. On the basis of the said application, the Tribunal vide order decided on 30/11/2015 (Annexure P-4) held that execution and transfer deed No.550 dtd. 5/7/2012 in favour of Buta Singh is being cancelled till the time applicant - Modan Singh is alive but he will not be able to further transfer this land to any other person. Against the said order, Modan Singh filed an appeal before the Appellate Court, which was allowed on 26/2/2016 (Annexure P-5), and execution of transfer deed declared void. Hence, the present petition.

(3.) Learned counsel for the petitioner argues that out of more than 24 Kanals of the land of which the senior citizen was in ownership, only 02 acres had been transferred to the petitioner and that too without any stipulation envisaged under the 2007 Act and further, nothing has come on record as to how, the petitioner was to take care of the senior citizen especially when he had more means than the petitioner to look after himself having 8 Kanals to his credit even after transferring of the land other than 12 acres land that he has in Rajasthan. Learned counsel for the petitioner further argues that the ingredients of Sec. 23 of the 2007 Act have not been fulfilled. He further submits that the facts and circumstances of this case have not been even taken into consideration by the authorities while passing an order on the application filed by the senior citizen.