SHAMPA SARKAR,J. - (1.) The petitioners were the opposite parties in Maintenance Case No.26 of 2019 which was filed by the opposite party herein, before the learned Maintenance Tribunal, Hooghly, under Sections 10 (I), (4), 23, 2(b), 2(d), 2(f), of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act). The petitioners are aggrieved by an order dated November 13, 2019 passed by the learned Tribunal on the following grounds:- a) The learned Tribunal did not have jurisdiction to cancel the two registered deeds executed by the opposite party in favour of the petitioner No.1 dated July 18, 2018 and dated November 14, 2018 executed by the petitioner No.1 in favour of the petitioner Nos.2 and 3 respectively. b) The order of cancellation of the two registered deeds of gifts and the direction to vacate the premises within six months were perverse in view of the fact that a Civil Court had already granted status quo with regard to the nature, character and possession of the self same property. c) The deed of gift executed by the opposite party in favour of the petitioner No.1 was unconditional and as such the learned Tribunal wrongly exercised jurisdiction under Section 23 of the said Act. d) The learned Tribunal did not have any jurisdiction to pass an order of eviction of the petitioners from the disputed property.
(2.) The facts of the case in an nutshell is that by a registered deed of gift dated July 18, 2018, Ajit Ghosh, the opposite party herein, transferred a two storied building together with the appurtenant land measuring 0.026 Acre situated at L.R. plot no.639, L.R. khatian no. 53, Mouja and Police Station - Chinsurah (J.L. no.20), District- Hooghly, Municipal holding no.71/24 under Ward no.22, Chinsurah Municipality (hereinafter referred to as the said property), to his son Jayanta Ghosh, the Petitioner No.1. Thereafter, by a registered deed of gift dated November 14, 2018, the Petitioner No.1transferred the suit property to his wife and son, the petitioners Nos.2 and 3 herein. The petitioners reside on the first floor and the parents reside in the ground floor. Both have separate entrances and toilet facility for their exclusive use in their respective floors. The petitioners have alleged that the married daughters of the opposite party and their husbands with ulterior motive tried to grab the said property, conspired with few developers and created a cloud over the petitioners' title over the suit property. Under such circumstances, being left with no other alternative the petitioners Nos.2 and 3 were constrained to institute a civil suit being Title Suit No.371 of 2019 (hereinafter referred to as the suit), seeking a decree for declaration of title and injunction against the daughters and sons-in-law of the opposite party. In the said suit, the petitioner nos.2 and 3 filed an application for injunction, thereby seeking to restrain the defendants therein from disturbing the peaceful possession of plaintiffs in respect of the suit property. By an Order no.2 dated September 17, 2019, the Court of Learned Civil Judge (Jr. Division), 1st Court, Hooghly directed the parties to maintain status quo in respect of nature, character and possession of the suit property. The opposite party filed an application seeking maintenance under the said Act which was registered as Maintenance Case No.04 of 2019. By an order dated August 7, 2019, the learned Tribunal directed the petitioner No.1 to pay maintenance of a sum of rupees 10,000/- per month. The opposite party further filed Maintenance Case No.17 of 2019. The learned Tribunal by an order dated August 30, 2019, directed the inspector- in-charge, Chinsurah to restore the possession to the opposite party and his wife in the said property. The opposite party again filed an application before the learned Tribunal seeking cancellation of the said deed of gift. The said application was registered as Maintenance Case No.26 of 2019.
(3.) Ultimately by an order dated November 13, 2019, the learned Tribunal allowed Maintenance Case No.26 of 2019, thereby cancelling the two registered deeds of gift dated July 18, 2018 and November 14, 2018, and further directing the petitioners to vacate the said property within six months from the said order. Pursuant to the said order, the appropriate authorities have already cancelled the mutation which was made in the name of the petitioners in respect of the property. The order dated November 13, 2019 is set out below:- "1. In exercise of power u/s 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, Gift Deed No.I-0601-09933 of 2018 executed by the petitioner Ajit Ghosh in the name of O.P.No.1 i.e his only son Jayanta Ghosh which is being conditional is hereby declared void with effect from 13/11/2019. Again, the Gift Deed No. I-0601-13998 of 2018 executed by the petitioner's only son Jayanta Ghosh free of const in the name of his wife (O.P. No-2) and son (O.P. No-3) who are bing the daughter-in-law and grandson of the petitioner is also declared void for the reasons already stated above with effect from 13,11,2019. 2. The payment of monthly maintenance @ Rs.10,000/- (ten thousand) by O.P.NO-1 Jayanta Ghosh to the petitioner w.e.f 1st August 2019 by 15th of the said month and subsequent months shall be continued till the opposite parties vacate the said residential premises of the petitioner, schedule of which is given below. And as soon as the opposite parties vacate the said residential premises of the petitioner, the amount of monthly maintenance shall be reduced from Rs.10,000/- to Rs.2,000/- only per month from the ate of vacate of the said premises. The monthly maintenance shall have to be deposited by the O.P.NO-1 i.e Jayanta Ghosh in petitioner's A/C No.6828967305, Indian Bank, Chinsurah Branch, IFSC Code- IDIB000C044. The opposite parties are directed to vacate the said residential premises of the petitioner within six months from the date of this order so that the petitioner can earn money by giving some portion of his residencial premises to tenants on rental basis. 3. As per provision vested upon this Tribunal Under Rule-7 (7) (a) of the W.B maintenance and Welfare of Parents and Senior Citizens Rules 2008, the Inspector-in Charge, Chinsurah Police Station is directed to protect the life and property (Residential and others property) of the Senior Citizens petitioner. The old wife of the petitioner along with his daughters, Sons-in law and other relatives will have liberty to look after him in all respect i.e fooding, medical treatment etc and the Police of Chinsurah P.S is to see that they are not restrained by the opposite parties in any way. 4. The petitioner will have liberty to mutate his name as per W.B.L.R Act 1955 from the office of B.L and LRO, Chinsurah Mogra Block. In case of violation and non-compliance of any of the aforesaid orders by the opposite parties, the petitioner will have liberty to file execution Case as per provisions of the very Act and Rules. No further petition of the petitioner in the said matter shall be entertained in future by this Tribunal except execution Case. The petition of this Case is thus disposed of. Let a copy of this order be served for taking necessary action to: The Inspector-in-Charge, Chinsurah P.S." ;