SUCHA SINGH SANDHU Vs. APPELLATE TRIBUNAL

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 12.11.2013 (Annexure P-12), passed by the Appellate Tribunal, constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act'), (hereinafter described as 'the Appellate Tribunal'), vide which the order dated 21.6.2013, passed by Sub Divisional Magistrate-cum- Tribunal (for short, 'the Tribunal'), was modified.

(2.) Learned counsel for the petitioner submitted that in the case in hand, the petitioner filed an application before the Tribunal under the Act for declaring the transfer deed dated 4.5.2011 as void. The same was allowed by the Tribunal vide order dated 21.6.2013. Though in terms of the provisions of the Act, an appeal could be filed only by the senior citizen, if aggrieved against the order passed by the Tribunal, however, in the appeal filed by the son and daughter-in-law of the petitioner, who is a senior citizen, the order passed by the Tribunal was modified. Once in terms of the provisions of the Act, the appeal itself was not maintainable, the order passed by the Appellate Tribunal is totally without jurisdiction.

(3.) On the other hand, learned counsel for respondents No. 3 and 4, while not disputing the fact that the appeal before the Appellate Tribunal is maintainable only on behalf of the senior citizen, sought to justify the order on merits. He further submitted that separate CWP No. 5304 of 2014 Khushwant Singh and another v. Appellate Tribunal and others has been filed by respondents No. 3 and 4 challenging even the order passed by the Tribunal.