IMPORTANT POINT
The central legal point established in the judgment is that for the invocation of Section 23(1) of the 2007 Act, the transfer must be subject to the condition that the transferee shall provide basic amenities and physical needs to the transferor.

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. The judgment and order dated March 24, 2023 passed by a learned Single judge in WPA 1013 of 2023 is under challenge in this appeal at the instance of the writ petitioner.

2. The 6th respondent filed an application before the Sub-Divisional Magistrate and competent authority under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the “2007 Act”), praying for revocation of the gift deed. The 6th respondent executed the deed of gift dated 03.07.2019 in favour of the appellant herein. The concerned Page 2 of 8 Sub-divisional Magistrate, by an order dated 30.11.2022 revoked the said deed of gift. The appellant challenged the order of Sub-divisional Magistrate dated 30.05.2022 by filling a writ petition being WPA 1013 of 2023. The learned Trial Judge, by the impugned judgment and order, dismissed the writ petition.

3. The facts giving rise to the writ petition as well as this appeal, in a nut shell are as follows.

4. The two storeyed building which is the subject matter of dispute between the private parties was originally owned by the wife of the 6th respondent. Wife of the 6th respondent died intestate on 04.09.2013 and upon her death the 6th respondent inherited the said two storeyed building. The appellant and the 7th respondent herein, claiming to be a married couple were inducted as tenants by the 6th respondent in the said building sometimes in the year 2014. The 6th respondent herein being alone and an aged widower claims to have become dependant on the appellant and the 7th respondent and he treated the appellant and the 7th respondent as his children. The 7th respondent & appellant refused to look after the 6th respondent and treated him with cruelty which compelled the 6th respondent to approach the concerned Sub-divisional Magistrate for revoking the deed of gift.

5. Challenging the judgment and order dated 24.03.2023 refusing to interfere with the order of the Sub-divisional Magistrate dated 30.11.2022, the appellant filed the writ petition which stood dismissed by the impugned judgment and order. Being aggrieved, by the order of dismissal of the writ petition, the writ petitioner approached this Court.

6. Mr. Dhananjay Banerjee, learned Advocate appearing for the appellant submitted that the deed of gift executed by the 6th respondent in favour of the appellant does not contain any stipulation that the transferee was to provide the basic amenities and basic physical needs to the transferor and, therefore, the said deed of gift dated 03.07.2019 could not have been revoked by the concerned Sub-divisional Magistrate by invoking the powers under Section 23 of the 2007 Act.

7. Per contra Mr. Tapas Kr. Ghosh learned Advocate appearing for the 6th respondent submitted that immediately after execution of the deed of gift a declaration was made within the week thereafter i.e., on 10.07.2019 incorporating a condition that the appellant would look after the daily needs including medical needs of the 6th respondent. He, therefore, submitted that since the appellant and the 7th respondent refused to look after the 6th respondent and treated him with cruelty, the Sub-divisional Magistrate was justified in revoking the deed of gift. He further submitted that since the learned Single Judge dismissed the writ petition by assigning cogent reasons, this Court should not interfere with such finding in this intra court mandamus appeal.

8. The Sub-divisional Magistrate acting as the Maintenance Tribunal declared the deed of gift dated 03.07.2019 as void by accepting the deed for revocation filed by the 6th respondent herein in exercise of powers under Section 23 of the 2007 Act.

9. Before entering into the factual aspect it will be profitable to recapitulate the provisions laid down in Section 23 of the 2007 Act for which the same is extracted hereinafter.

“23. Transfer of property to be void in certain circumstances.-

(1) Where any senior citizen who, after the com