Sabyasachi Bhattacharyya, J. - (1.) The present challenge has been preferred by the petitioners, who are the son and daughter-in-law, respectively, of the opposite party, against an order whereby the Sub- Divisional Officer (SDO), Alipurduar, acting as Chairperson of the Alipurduar Maintenance Tribunal, directed the present petitioners to vacate the suit premises within a month from the impugned order and allowing the opposite party (the petitioner before the Tribunal) to utilize the property as per his own will. In the same order, the local police station was directed to extend all efforts for ensuring the same. Certain ancillary observations were also made in the impugned order.
(2.) The opposite party filed an application under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act of 2007") and made out a case before the Tribunal that the present petitioners had other properties than the suit premises and had been running a business from the suit premises, which was allegedly started by the present opposite party in the name of his wife (the mother of the petitioner no.1). It was also alleged that the present petitioners were gradually grabbing all properties of the opposite party and subjected the present petitioners to severe physical and mental torture.
(3.) The present petitioners, who were opposite parties before the Tribunal, had raised questions regarding the character of the opposite party, that is, the father of the petitioner no. 1 and had produced certain photographs in that regard. It was further alleged by the petitioners that the suit property belonged to a Hindu Undivided Family (HUF). The HUF was of Lalchand and Tarachand, through Karta, late Tara Chand Agarwal. The HUF acquired the suit plot by paying khajana to the Government of West Bengal and constructed a two-storied building on a portion of the suit property, which facts were apparently reflected in the history of the HUF as explained by late Tara Chand Agarwal, as karta, to the Income Tax Department in the year 1981 and also in the Assessment Order of the Income Tax Department dated May 15, 1981, which documents were ancient ones.;