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2022 Supreme(Cal) 105

KESANG DOMA BHUTIA
PIYALI TEWARI DEY – Appellant
Versus
BAIDYANATH DEY – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Supriyo Bose, Mr. Debojyoti Deb, Mr. Sanjoy Kumar Das.
For the Respondents: Ms. Sutapa Sanyal, Ms. Susnita Saha, Mr. Dipak Kr. Mukherjee, Mr. Rajib Mukherjee, Ms. Supriya Dey, Ms. Shreyasi Bhaduri, Mr. Sanjoy Banerjee, Mr. Senjuti Chakrabarti, Mr. Kaushik Gupta, Mr. Joydeep Bhattacharjee.

ORDER :

1. This case represents how dynamic human relationship can be in the present socio economic condition.

2. The present application under Article 227 of the Constitution of India is at the instance of the petitioner being aggrieved by the order of cancellation of gift deed dated 10.07.2017 executed in her favour by her father in respect of family flat by the declaring the said deed to be void and directing the Additional District Magistrate to take all steps to revert back the ownership of the flat as mentioned in the schedule of the registered deed to the donor father Baidyanath Dey/the opposite party no. 1 by Maintenance Tribunal, Serampore in Maintenance Case No. 4 of 2021 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 30.07.2021.

3. The facts necessary for determination of the present revisional application in gist is that father/opposite party no. 1 before the marriage of the daughter and out of love and affection appears to have gifted flat being no. 2A having 1392 sq.ft. super build area in a multi storied building known as Ambika within holding no. 38/18 at new GT Road Uttarpara by executing a registered deed of gift on 10th July, 2017. It

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