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2019 Supreme(Cal) 908

SHAMPA SARKAR
Anirban Chakraborty – Appellant
Versus
State Of West Bengal – Respondent


Advocates:
Advocate Appeared:
Kallol Basu, Adv., Prabir Maji, Adv., Kalyani Bhattacharya, Adv., Pranita Mondal, Adv., Bratin Kumar Dey, Adv., Sakhya Sen, Adv., Amritalal Chatterjee, Adv., Soumen Das, Adv., Kunal Ganguly, Adv.

JUDGMENT :

Shampa Sarkar, J.

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 interes

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