JUDGMENT :

The petitioner is the daughter of the first respondent, who is a senior citizen. The first respondent executed a gift deed in favour of the petitioner in the year 2014. He approached the Maintenance Tribunal to revoke the deed invoking Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act & Rules (hereinafter referred to as the Senior Citizens Act). The Tribunal declined the prayer under Section 23. However, the Tribunal ordered the petitioner to provide necessary facilities to the first respondent to protect his well being. He approached the appellate authority in appeal. The appeal was allowed revoking the deed. Challenging this order, the petitioner has approached this Court.

2. The appeal was heard substantially by the District Magistrate, who is not an appellate authority under Section 16 of the Senior Citizen Act. It is true that in the impugned order, it was mentioned that the District Collector, who is the appellate authority, heard the matter. Nevertheless as revealed from the proceedings, the matter was also heard on several occasions by the District Magistrate. On this ground alone, the matter ought to be remitted to the appellate authorit