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2021 Supreme(P&H) 352

SUDHIR MITTAL
Jagdish Kaur – Appellant
Versus
Sub Divisional Magistrate-cum-President Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Chetan Mittal, Mr. Kunl Mulwani, Mr. Sehaj Sandhawalia.
Mr. Narender S. Behgal.
For the Respondents: Mr. Akshay Bhan, Mr. Rajat Mor, Mr. Sushant Kareer.

JUDGMENT :

SUDHIR MITTAL, J.

1. This petition has been preferred against order dated 20.08.2019 (Annexure P-5) whereby the Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Senior Citizens Act’) has rejected the petition filed under Sections 22 and 23 of the aforementioned Act.

2. Learned senior counsel for the petitioners has submitted that two residential houses and a piece of land were transferred in favour of respondent No. 2 by the petitioners vide three separate transfer deeds dated 12.08.2014, 12.09.2014 and third deed also of 12.09.2014. House No. 76, Model Town, Karnal was one of the residential houses included in the transfer. The petitioners were residing with respondent No. 2 in the said house. Their elder son resides at Faridabad. In the year 2018, the petitioners went to Faridabad to attend a marriage ceremony and thereafter they were not permitted by respondent No. 2 to come back to their house necessitating the filing of petition under Sections 22 and 23 of the Senior Citizens Act, a copy of which is on record as part of Annexure P-2 (colly). The said petition had been dismissed vide impugne

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