INDERJEET SINGH Vs. APPELLATE TRIBUNAL JAIPUR AND ORS.

JUDGEMENT

(1.) Heard counsel for the parties and perused the impugned order dated 21 -7 -2015 passed by the Maintenance Tribunal (hereinafter 'the Tribunal') under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter 'the Act of 2007') as affirmed in appeal vide order dated 8 -10 -2015 passed by the District Collector and District Magistrate, Jaipur.

(2.) The case of the petitioner is that he is a 75 years old man who was defrauded by his son respondent No. 3 Ranjeet Singh, then staying with him, in executing a registered gift -deed dated 5 -2 -2014 in respect of residential property House No. 11/7, Madhyam Marg, Mansarovar, Jaipur. One other son Sarabjeet Singh had expired and the third son Harjeet Singh was living in a separate house for reason of lack of space in House No. 11/7 above. It was stated that the respondent No. 3 taking advantage of his access to the petitioner and exploiting his old age emotionalism assured him that he would be looked after and all his physical needs taken care of till his death. Hence the residential house was gifted vide gift deed registered on 5 -2 -2014. It was submitted that however, soon thereafter, on or about 16 -9 -2014, the petitioner was thrown out of the house by the respondent No. 3 and his basic amenities and physical needs not provided for. Since then the petitioner stated to have been residing with his elder son Harjeet Singh. Aggrieved of the fraud allegedly played upon him by the respondent No. 3 in having the gift deed dated 5 -2 -2014 executed, a FIR No. 614/2014, Police Station Mansarovar, Jaipur City South was lodged for offences under Ss. 420 and 120B IPC against the respondent No. 3. However a negative final report following investigation, protest petition thereagainst was filed and pending. The petitioner in the circumstances then resorted to the Act of 2007 and laid petition No. 19/2014 before the Tribunal inter alia seeking relief that he should not be dispossessed from house No. 11/7, Madhyam Marg, Mansarovar, Jaipur and more over for the protection of his life, which was allegedly under threat from the respondent No. 3, the petitioner's elder son Harjeet Singh should be allowed to live with him in the said house. Further it was prayed that the gift deed dated 5 -2 -2014 having been procured by misappropriation and fraud should be set aside.

(3.) Vide order dated 30 -9 -2014, the petition filed by the petitioner was dismissed. An appeal thereagainst under Sec. 16 of the Act of 2007 was allowed and the matter was remanded to the Tribunal. Thereafter vide order dated 21 -7 -2015 the application filed by the petitioner was again dismissed by the Tribunal, which order was then affirmed vide impugned order dated 8 -10 -2015 by the Appellate Authority. Hence this petition.