BHAGWAN KAUR AND ANR. v. DISTRICT MAGISTRATE, BATHINDA AND ORS.
CWP/14299/2023 · 2026-04-24
Kuldeep Tiwari
body2007
DailyLaw.ai
[ 2007 DAILYLAW 2291 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2007 DAILYLAW 2291 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(Annexure P (respondent N learned Distri writ petition, transfer deed the same hav Section 23 o Act, 2007 (fo (supra), shoul
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( ) **** % # Challenge is thrown to t ure P-4), passed by learned M dent No. 2), and the order dated 11.05 District Magistrate, Bathinda (respon tition, the petitioners/senior citizens ha r deeds dated 07.03.2018 (Annexures e have been executed by fraud and 23 of the Maintenance and Welfare 07 (for short, the ‘Act of 2007’) should be cancelled and restored back
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% $& to the orders dated 14.11.202 d Maintenance Tribunal, Bathind 11.05.2023 (Annexure P-5), passed b respondent No.1). By filing the instan ens have challenged the legality of tw xures P-1 & P-2), on the ground, tha d and, by invoking the provisions o elfare of Parents and Senior Citizen 7’) and prays that the transfer deed d back to them.
1.2022 athinda ssed by instant of two that ions of itizens r deeds MANPREET SINGH 2026.04.29 10:52 I attest to the accuracy and authenticity of this
order/judgment
FACTS
2.
provisions of respondentNo citizen, i.e. to executed by
07.03.2018. CS/1679/2020 alleging that execute the sa (Annexure R Maintenance said civil sui dated 10.11.2 seeking can maintenance allowed, vide passed upon maintenance filed by the p (Annexure R the petitioner learned Mai (Annexure P with the same
! Learned Maintenance Tribunal ons of Section 23 of the Act of 2007 entNo.3, to pay maintenance of 10 i.e. total 20,000/-. The transfer dee d by petitioners/senior citizens in
018. Thereafter, the petitioners file 9/2020 and CS/1680/2020, challen g that the same were got executed by f the same. The petitioners filed an app ure R-3/3), under Section 4 (10) (a) o nance Tribunal, seeking maintenance vil suits and maintenance application, 0.11.2021 (Annexure P-3), under Se ncellation of execution of tra nance application (Annexure R-3/3) vide order dated 22.03.2022 (Anne upon the respondents to pay nance of each of the senior citizen. The y the petitioners were simply withdra ure R-3/1), without any liberty. The itioners, under Section 23 (i) of the Maintenance Tribunal, Bathinda ure P-4), and the statutory appeal pref e same fate and it was dismissed on 11
ibunal while refusing to invoke th 2007, had passed a direction upon th 10,000/- per month, to each senio er deeds (Annexures P-1 & P-2), wer s in favour of respondent No.3, rs filed two separate civil suits No hallenging both the transfer deeds ed by fraud, and they never intended t an application No.56 dated 31.03.202 (a) of the Act of 2007, before learne nance only. During the pendency of th cation, the petitioners filed applicatio der Section 23 (i) of the Act of 2007 of transfer deeds (supra). The firs 3/3) preferred by the petitioners wa (Annexure R-3/4), and a direction wa 10,000/- each, per month fo . Thereafter, the above said civil suit ithdrawn, vide order dated 05.04.202 . The second application preferred f the Act of 2007, was dismissed b hinda, vide order dated 14.11.202 al preferred by the petitioners, also me on 11.05.2023 (Annexure P-5).
ke the the senior were on its No. deeds, nded to 3.2021 earned y of the lication f 2007, first ers was ion was nth for vil suits 4.2022 rred by ssed by 1.2022 lso met MANPREET SINGH 2026.04.29 10:52 I attest to the accuracy and authenticity of this
order/judgment
3.
challenge to t result of frau maintain the Therefore, th cancelled the embargo for purpose of i application w has made a st to bear the m take back the and the said Tribunal.
4.
while joining counsel for th No.3, was no for cancellati in the impug entire applica therefore, the
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Learned counsel for the petiti ge to the orders (supra), submits that t f fraud, as post the said transfer, the in the senior citizens, who are now re, the learned Maintenance Tribu ed the transfer deeds, in question. He for the senior citizens, to maintain e of invoking Section 23 of the A tion was only for maintenance. He als de a statement before the learned Trib the medical expenses etc. and take ca ck the senior citizens at home. Howev said undertaking of respondent No.3
Learned counsel for the respon oining the issue on merits, opposed l for the petitioners, and submits that t as not accepted by the petitioners/sen cellation of the transfer deeds (supra) impugned order, itself. He further s pplication is based on the pleading re, the mischief of Section 23 of the Ac (
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petitioners, in an attempt to throw s that the transfer deeds (supra), were the respondent No.3, has refused t re now more than 85 years of age Tribunal concerned, ought to hav on. He further submits that there is n aintain the second application, for th the Act of 2007, when the earlie also submits that respondent No.3 Tribunal, that he is ready and willin take care of the basic needs and also t owever, no such direction was passed t No.3, was totally ignored by learne
respondent No.3, on the other hand osed the submission made by learne that the offer made by the responden ers/senior citizens, rather, they insiste supra), and this fact was duly recorde ther submits that since inception, th leading of commission of fraud, an the Act, cannot be invoked.
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throw were a used to of age. o have re is no for the earlier o.3, willing also to passed, learned r hand, learned pondent insisted ecorded ion, the d, and
MANPREET SINGH 2026.04.29 10:52 I attest to the accuracy and authenticity of this
order/judgment
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MANPREET SINGH 2026.04.29 10:52 I attest to the accuracy and authenticity of this
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. learned Main dated 11.05.2 Bathinda (res 8
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2 &- 14.11.2022 (Annexure P-4), passed b nda (respondent No.2), and the orde assed by learned District Magistrate &238(96#
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ssed by e order gistrate, MANPREET SINGH 2026.04.29 10:52 I attest to the accuracy and authenticity of this
order/judgment