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2015 Supreme(P&H) 1713

HEMANT GUPTA, RAJ RAHUL GARG
Sumesh Anand – Appellant
Versus
Vinod Anand – Respondent


Advocates:
For the Appellant:Mr. J.S. Toor, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: (Oral) - The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench of this Court on 23.09.2015 whereby an order dated 15.10.2014 passed by the Deputy Commissioner-cum-Appellate Authority constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’) was set aside.

2. Learned Single Bench held that the transfer deed dated 24.04.2009 executed by respondent No.1 in favour of the present appellant is vitiated having been executed on account of fraud.

3. The respondents herein filed petition before the Sub Divisional Magistrate-cum-Maintenance Tribunal under Section 23 of the Act. The Maintenance Tribunal dismissed the same vide order dated 10.10.2012. An appeal filed before the Appellate Authority was dismissed on 15.10.2014. The challenge in the writ petition was to these aforesaid orders passed by the Maintenance Tribunal and also by the Appellate Authority.

4. The learned Appellate Authority has recorded a finding that the gift deed dated 24.04.2009 has not been executed with the condition that beneficiary will take care of the transfer








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