GURDEEP SINGH & OTHERS Vs. SUB DIVISIONAL MAGISTRATE-CUM-PRESIDING OFFICER, MAINTENANCE TRIBUNAL, SAMANA & ANR

JUDGEMENT

(1.) Petitioners pose a challenge to order dated 03.06.2016, passed by Sub Divisional Magistrate-cum-Presiding Officer, Maintenance Tribunal, Samana, whereby petition under Maintenance and Welfare of Parents and Senior Citizen Act, 2007 filed by respondent No.2 (father) was accepted declaring transfer deed No.368 dated 07.05.2010 as null and void.

(2.) Learned senior counsel for the petitioners has urged before this court that order suffers from patent illegality. The Tribunal without affording opportunity of hearing to the petitioners, allowed the application filed by respondent No. According to him, the father has not been harassed by the petitioners in any manner. Respondent No.2 has filed instant application at the instance of his other sons namely, Hardeep Singh and Jagjit Singh.

(3.) Plea has been opposed by counsel appearing for respondent No.2. According to him, petitioners have been harassing and maltreating their father, who is more than 85 years of age. Thus, the authority below has rightly setaside the transfer deed.