GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is filed in order to challenge the order dated 24.12.2012 passed by the Maintenance Tribunal, Mohali, order dated 21.01.2014 passed by Appellate Tribunal, S.A.S. Nagar (Mohali) and also transfer deed dated 23.05.2008 executed by the petitioner in respect of H. No. 1070, Phase-9, S.A.S. Nagar (Mohali) in favour of respondent No.3 ( his daughter).

(2.) In short, the petitioner is, allegedly, 77 years of age and is a senior citizen. He was the owner of H. No. 1070, Phase-9, S.A.S. Nagar (Mohali) which was transferred by him in favour of his daughter/respondent No.3 by way of a transfer deed dated 23.05.2008. It is alleged that on 24.08.2008, respondent No.3 gave an undertaking that she would re-transfer the house in question in the name of her father as and when he desires within next two years or so. Respondent No. 3 did not honour her undertaking and hence, the petitioner filed an application before the Sub Divisional Magistrate, Mohali under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act'). The said application was dismissed on 24.12.2012 on the ground that the petitioner has already filed a civil suit in respect of the property in dispute and, therefore, the application was not maintainable.

(3.) Aggrieved against the said order, petitioner filed an appeal before the Appellate Tribunal, which was also dismissed on the same ground on 21.1.2014. It is needless to mention that the application was filed by the petitioner after withdrawing the civil suit for declaration in which he had claimed that respondent No.3 was bound to re-transfer the house in view of her undertaking dated 23.05.2008 but it is contended that due to ill advice the said suit was withdrawn and the application was filed in the end.