Point of Law: Act of 2007 was enacted with object of maintaining and protecting interests of aged parents/senior citizens.

JUDGMENT :

NUPUR BHATI, J.

1. This Civil Writ Petition has been preferred claiming for the following reliefs:

“(a) That by an order, writ or direction may kindly be issued and the order dated 31.10.2018 (Annexure-13) passed by learned Maintenance Tribunal, Jodhpur in Application No. 83/2017, may kindly be quashed and set aside extend to cancellation of gift deed dated 7.9.2010 (Annexure-03).

(b) That by an order, writ or direction may kindly be issued and the order dated 01.02.2019 (Annexure-17) passed by learned Appellate Tribunal (Collector), Jodhpur in Appeal No. 4/2018 may kindly be quashed and set aside.

(c) That by an order, writ or direction may kindly be issued and the application filed by the respondent no. 3 extend to prayer of cancellation of gift deed filed before learned Maintenance Tribunal cum S.D.O. Jodhpur may kindly be dismissed.

(d) That by an order, writ or direction may kindly be issued and the entry made by the patwari in Jamabandi (Annexure-14) in pursuance of order dated 31.10.2018 may kindly be quashed and set aside.

(e) Any other order or direction relief which this Hon’ble Court deem just and proper may also be granted in favour of the petitioner.”

2. The petitioner-Pokar Ram is the eldest son of the respondent no. 3-Smt. Soni Devi and the brother of the respondent no. 4-Khinya Ram.

3. Vide the impugned order, dated 31.10.2018 (at Annex-13), passed by the learned Maintenance Tribunal, Jodhpur, the registered gift deed, dated 07.09.2010 (at Annex-3), executed by the respondent no. 2 in favour of the petitioner, for a land admeasuring 2 bigha 4 biswa in Village-Pal, Tehsil-Jodhpur, was quashed and set aside while exercising the powers under Section 23 of the Maintenance and Welfare of Parents And Senior Citizens Act, 2007 (for short “Act of 2007”) and directed the petitioner to provide the maintenance of amount of Rs. 5,000/- to the respondent no. 3.

4. The petitioner assails the impugned order only to the extent that the gift deed in question was incorrectly quashed and set aside by the learned Maintenance Tribunal despite the fact that the said gift deed did not contain any explicit condition that the transferee shall provide the basic amenities and basic physical needs to the transferor; an essential ingredient for invoking of Section 23 of the Act of 2007.

5. Learned counsel for the petitioner made the following submissions:

5.1 That a family settlement was arrived at in September 2010, whereby three gift deeds, with respect to lands situated at Khasra No. 134 and 460 of Village-Pal, Tehsil-Jodhpur were executed by the respondent no. 3 in favour of the petitioner, the respondent no. 4 and their sisters, namely Durga and Ganga. And that, a release deed with respect to the land situated at Khasra no. 134 was executed by the respondent no. 3 in the names of the petitioner and respondent no. 4.

5.2 That after a lapse of a period of about 8 years, the respondent no. 4 challenged the gift deed in question before the learned Tribunal, through the respondent no. 3.

5.3 That a specific objection as to the jurisdiction of the learned Tribunal was raised by the petitioner and a clear submission was made to the effect that the gift deed in question is unconditional.

5.4 That the impugned order is a non speaking order inasmuch that it does not deal with the statutory provision of law contained in Section 23 of the Act of 2007 and, therefore, deserves to be quashed and set aside.

5.5 That the petitioner laid challenge to the impugned order before the District Collector, Jodhpur but the same was incorrectly dismissed, vide order dated 31.01.2019 (at Annex-17), with the finding that the learned Tribunal was competent to pass the impugned order.

5.6 That the order, dated 11.02.2019, passed by this Court modified the interim order upon the admission of the petitioner himself in favour of the respondent no. 3 whereby the maintenance amount was increased from Rs. 5,000/- to Rs. 10,000/- which the petitioner has duly complied with.

5.7