JUDGMENT :

SHAMPA DUTT (PAUL). J.

1. The revisional application has been preferred challenging an order being no. 3 dated 25.11.2022 passed by the learned District Magistrate, Nadia at Krishnanagar in Appeal No. 06 of 2022 affirming the order being No. 5 dated 17.03.2022 passed by the learned Sub-Divisional Officer, Sadar, Nadia at Krishnanagar in Senior Citizen Case No. SC 12/21.

2. It is the petitioner’s case that the opposite party No. 1 herein was the owner in respect of a plot of land lying and situated within District Nadia, P.S. Kotwali, Mouza Krishnanagar, J.L. No. 92, R.S. Dag No. 9569 corresponding to L.R. Dag No. 13350/13520, together with a structure standing thereon. The petitioner states that the opposite party No. 1 herein executed a Deed of Gift dated 31.08.2016 vide Deed No. 130207474 for the year 2016 in favour of the petitioner and transferred the right, title and interest in favour of the petitioner.

3. It is the further case of the petitioner that all of a sudden the petitioner received a notice issued by the the Learned Tribunal whereby it appears that the opposite party filed an application under Section 4 read with Section 23 of the Maintenance And Welfare of Parents and Senior Citizens Act, 2007 which was registered as SC 12/21.

4. It appears that a case has been made out by the opposite party herein in the said application, that her son the petitioner has been torturing her regularly since couple of years. The opposite party also stated that the petitioner forced her to execute a gift deed being No. 7474/2016 in favour of the petitioner pertaining to 6.5 decimals of land in Mouza Krishnanagar, J.L. No. 92, L.R. Plot no. 13350/13520 and inter alia prayed for getting back the gifted land and also prayed for cancellation of that Gift Deed so that she may live peacefully in her residence with her unmarried daughter.

5. It is the case of the petitioner that he has been looking after the opposite party and unmarried sister. The opposite party filed the said case at the instance of her elder daughter as the opposite party is now living in the residence of her elder daughter.

6. In the said proceedings the learned tribunal by order dated 17.03.2022 was pleased to allow the said application filed by the opposite party by declaring the Gift Deed Being No. 1-1302-07474/2016 registered on 31.08.2016 in the office of of Sub- Additional District Registrar, Krishnanagar, Nadia executed by the opposite party in favour the petitioner stood void at the option of the opposite party and direct the Inspector in Charge, Kotwali Police Station, Nadia to look into the matter, so that the petitioner does not disturb the opposite party in respect of the property in question and to ensure the protection of the life and property of the opposite party.

7. The petitioner preferred an appeal before the District Magistrate, Nadia at Krishnanagar which was registered as Appeal No. 06 of 2022 and the learned District Magistrate by order impugned was pleased to dismiss the appeal of the petitioner and affirmed the order passed by the learned Tribunal.

8. It is the case of the petitioner (donee) herein that the said deed of gift has not been executed as per the mandatory requirements of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and as such the impugned proceeding is liable to be quashed being not maintainable.

9. Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 lays down:

“23. Transfer of property to be void in certain circumstances. - (1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence an