KAPUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, an octogenarian senior citizen, has knocked on the doors of this Court seeking to set aside the orders dtd. 21/12/2020 and 17/11/2021, passed by the Maintenance Tribunal and the Appellate Tribunal, respectively.

(2.) Succinctly stated, the petitioner filed a petition under Sec. 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act of 2007"), seeking cancellation of Transfer Deed No.650 dtd. 23/12/2016, executed by him in favour of his sons, namely respondents No.4 and 5, along with cancellation of the consequential mutation. The application did not find favour with the Maintenance Tribunal and was dismissed vide order dtd. 21/12/2020. Aggrieved thereby, the petitioner instituted an appeal before the Appellate Tribunal, which also met the same fate of dismissal vide order dtd. 17/11/2021.

(3.) Assailing the impugned orders, learned counsel for the petitioner contends that the Act of 2007 is a benevolent legislation intended to protect senior citizens and ensure their basic needs are met. It is contended that post execution of the transfer deed in question, the respondents No.4 and 5 not only failed to provide maintenance to the petitioner but also subjected him to ill-treatment and harassment, including physical assault, instances whereof were quoted in the petition and such assault led to the registration of an FIR at the petitioner's instance. Accordingly, it is argued that the Maintenance Tribunal ought to have invoked Sec. 23 of the Act of 2007 to cancel the transfer deed.