JYOTSANA Vs. SUB-DIVISIONAL MAGISTRATE, BANSWARA

JUDGEMENT

(1.) The present writ petition is directed against the order dated 31.01.2019, passed by the Sub-Divisional Magistrate, Banswara - a Tribunal, constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Tribunal).

(2.) Shorn of unwarranted facts, those which are relevant for the present purposes, alone are being noticed. On 14.01.2019 Smt. Kesar Bai (respondent No. 2 herein) filed a petition under Sections 23, 4 and 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the Act of 2007") seeking quashment of registered Gift Deed dated 14.05.2015, executed by her in favour of Jyotsana (petitioner No. 1 herein). It was asserted that keeping her in dark, a Gift Deed was got executed on 10.06.2014 and thereafter registered on 14.05.2015.

(3.) The said petition was instituted in the Tribunal on 14.01.2019, wherein notices returnable on 16.01.2019 were issued. Upon service of the notice, the petitioners' counsel appeared and sought copy of the petition filed, which was provided and the matter was posted for 29.01.2019.