K.VENKAT ANAND Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed seeking to issue a writ of certiorari calling for records in Case No.J/3375/2016, dated 06.4.2018 and 18.7.2019 passed by the third respondent - Revenue Divisional Officer-cum-Tribunal constituted under Maintenance & Welfare of the Parents & Senior Citizens Act, 2007, Hyderabad whereunder the gift deed bearing Doc.No.3294/1998 dated 26.11.1998 executed by the fourth respondent herein in favour of the petitioner and respondent Nos.5 and 6 was cancelled, and to quash the same as being illegal and arbitrary.

(2.) The case of the petitioner in nutshell is that he and respondent Nos.5 and 6 are the sons of respondent No.4 herein. Respondent No.4 purchased agricultural dry land wet lands total admeasuring Ac.20-39 guntas in Sy.Nos.215, 228 and 229 of Thakkadpally village, Yacharam Mandal, Ranga Reddy District, in the year 1994 (hereinafter referred to as schedule 'A ' property). In the year 1998, the respondent No.4 transferred that property to the petitioner and respondent Nos.5 and 6 equally by way of a registered gift deed dated 26.11.1998 vide Document No.3294/1998. The petitioner further assets that their joint family consists of house bearing D.No.3-6-25, Basheerbagh, Hyderabad, admeasuring 80 sq. yards and house bearing D.No.3-6-26, which is also situated at Basheerbagh, Hyderabad, admeasuring 48 sq. yards (hereinafter referred to as schedule 'B ' property). Further, the grandmother of the petitioner purchased property bearing H.No.3-4-835/A, Barkathpura Chaman, Hyderabad, admeasuring 90 sq. yards during her lifetime (hereinafter referred to as schedule 'C ' property). The petitioner further asserts that as the respondent No.4 i.e. their father was having some financial constraints, he cleared off those debts incurred by the respondent No.4 to the tune of Rs.18,45,000/- with interest.

(3.) Refuting the averments made in the affidavit filed along with the Writ Petition, the respondent No.4 filed his counter admitting the fact that he executed the gift deed in favour of his sons i.e. petitioner and the respondent Nos.5 and 6 with a hope that they will look after him and his wife during their old age. But his dreams have gone to air as the petitioner and the respondent Nos.5 and 6 are neglecting him by not providing basic necessities such as food, clothing and medicines etc. On 04.6.2016, the respondent No.6 with the support of the petitioner, had thrown the respondent No.4 out of the house illegally. In that connection he filed a police complaint. Thereafter he was again inducted into the house.