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2020 Supreme(Cal) 225

SHAMPA SARKAR
Jayanta Ghosh – Appellant
Versus
Ajit Ghosh – Respondent


Advocates Appeared:
Rwitendra Banerjee, Advocate, Sandip Kundu, Advocate, Samarjit Basu, Advocate

JUDGMENT

Shampa Sarkar, J. - 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 wrong

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