PARMESHWARI DEVI Vs. APPELLATE AUTHORITY-CUM-DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioners herein are the daughters of respondent No.3, who had executed a transfer deed dated 03.03.2010 pertaining to land measuring 13 Kanals 12 Marlas situated in District Fazilka, in favour of the petitioners. Respondent No.3 filed an application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter the '2007 Act') for annulment of the afore-noticed transfer deed. Such application was partly allowed vide order dated 30.11.2018 passed by the Sub Divisional Magistrate, Fazilka and a maintenance amount of Rs.2,000/- per month each on the petitioners was fastened. Appeal preferred by respondent No.3 against the order dated 30.11.2018 has been accepted vide order dated 30.04.2019 (Annexure P-10) passed by the Appellate Authority-cum-District Collector, Fazilka and in terms of which the transfer deed in question has been cancelled.

(2.) The instant writ petition has been filed assailing the order dated 30.04.2019 (Annexure P-10) passed by the Appellate Authority.

(3.) Counsel for the petitioners would submit that the assertions made by the mother/senior citizen as regards maltreatment are false and fabricated. Further submitted that certain other property had even been transferred by the senior citizen in favour of her son. Reliance has been placed upon three judgments passed by Coordinate Benches of this Court in Sarabjit Kaur v. District Collector-cum-Deputy Commissioner, Barnala and others, 2016(3) PLR 486, Jagmeet Kaur Pannu v. Ranjit Kaur Pannu, 2016(2) R.C.R.(CIVIL) 82 and Gurdev Singh v. State of Punjab and others, 2016(4) PLR 265 to contend that since in the transfer deed there was no stipulation that the daughters would continue to provide service and maintenance to the senior citizen, therefore the senior citizen cannot get the transfer deed declared void even if the daughters had failed to provide any service and care. Yet another submission raised by the counsel is that even the maintenance amount of Rs.2,000/- per month each that the petitioners had been made liable to pay was duly deposited and as such the view taken by the Appellate Authority in cancelling the transfer deed cannot sustain.