Shampa Sarkar - (1.) The subject matter of challenge in this writ petition is an order dated May 28, 2018 passed by the District Magistrate, Nadia as the Appellate Tribunal constituted under Section 15 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the said Act) in Appeal No.3 of 2018, affirming the order dated February 8, 2018 passed by the Sub-Divisional Officer, Ranaghat, Nadia in case No.52 of 2017.
(2.) The facts as pleaded in the writ petition were that the petitioner was a student of B-Tech under the West Bengal University of Animal and Fishery Sciences and the respondent No.5 as the grandfather of the petitioner had executed a deed of gift in his favour on May 25, 2017 by which a three storied building and land was voluntarily and unconditionally gifted to the petitioner. The name of the petitioner was recorded in the record of rights upon mutation. Thereafter, all of a sudden the respondent No.5 filed a title suit bearing Title Suit No.151 of 2017 in the Court of the learned Civil Judge (Junior Division), 1st Court at Nadia. In the said suit, the respondent No.5 prayed for a declaration of his right, title and interest with respect to the said property which was the subject matter of the gift as also for a declaration that the deed of gift dated May 25, 2017 was void and inoperative having been obtained by fraud and coercion. On February 1, 2018, the learned Civil Judge (Junior Division), 1st Court at Nadia, allowed the application for temporary injunction filed by the respondent No.5 by making the ad interim order of injunction dated October 26, 2017, absolute till the disposal of the suit. By the said order the petitioner and his father who were defendants in the said suit were restrained from interfering with the peaceful possession and enjoyment of the respondent Nos.5 and 7 in the property in question. Thereafter, from the copy of a writ petition bearing W.P. No.9855 (W) of 2018, the petitioner came to know that a proceeding had been started under Section 4 of the said Act before the Chairman, Maintenance Tribunal and Sub-Divisional Officer, Ranaghat, by the respondent No.5 being Case No.52 of 2017/M&W, with respect to the self-same property with a prayer for declaration that the deed of gift was void, although, the same was already the subject matter in a title suit. On February 8, 2018, that is, after the order of temporary injunction was passed by the learned civil court, the Sub-Divisional Officer, Ranaghat passed an order in Case No.52 of 2017/M&W declaring that the deed of gift executed by the respondent No.5 in favour of his grandson, that is, the petitioner on May 25, 2017 was void at the option of the transferor. The petitioner was not impleaded as an opposite party in the proceedings before the Maintenance Tribunal. The petitioner, who was the actual title holder of the property in question pursuant to the deed of gift, was also not served with any notice but, his father Arindam Chakraborty, that is, the respondent No.6 was the only opposite party before the Tribunal.
(3.) Aggrieved by the aforementioned order, the respondent No.6 preferred an appeal under Section 16 of the said Act, before the District Magistrate, Nadia, being the Appellate Tribunal. The appeal was registered as Appeal No.3 of 2018. By an order dated May 25, 2018, the Appellate Tribunal dismissed the appeal by upholding the order of cancellation of the deed of gift executed by the respondent No.5 in favour of the petitioner. The said orders passed by the Appellate Tribunal as also the Chairman Maintenance Tribunal have been impugned in this writ petition.;