JUDGMENT

Manoj Bajaj, J.

CM-6562-CWP-2023

The applicant-petitioner vide application bearing No. CM-6562-CWP-2023 has sought pre-ponement of the case on the ground that the senior citizen has got the electricity disconnected from the property in question, which was transferred in favour of the grandson-petitioner, where his father-Harvinder Singh is running a welding shop.

2. Heard the learned counsel for applicant-petitioner.

3. The advance copy of this application was supplied to learned counsel for respondent No.2 on 17.04.2023, however, on 28.04.2023 when the application was listed, the learned counsel for the respondent No.2 failed to put an appearance, though his name reflected the cause list. Today, again no one has chosen to put in appearance on behalf of respondent No.2/non-applicant, despite his name is shown in the cause list as well as on the display boards. This shows that the respondent No. 2 is trying to delay the adjudication of this case.

4. Considering the application, the same is allowed and the date of hearing is pre-poned today.

Main case

5. Petitioner-Jaspreet Singh has filed this writ petition under Article 226 Constitution of India for issuance of writ in the nature of Certiorari seeking quashing of the order dated 22.07.2021 (Annexure P-14), whereby the Sub Divisional Magistrate, Dera Bassi has cancelled the transfer deed dated 04.11.2019 (Annexure P-2) executed by respondent No.2 in favour of the petitioner.

6. Learned counsel submits that the respondent No.2-Krishan Pal, who is petitioner's grand-father had voluntarily executed transfer deed dated 04.11.2019 (Annexure P-2), and transferred his immovable property in favour of his grandson-Jaspreet Singh (petitioner). He submits that subsequently the grand-father moved an application dated 23.11.2020 (Annexure P-1) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and prayed for cancellation of this instrument on the ground that the grandson is not taking care of his needs and basic necessities and the said claim was contested by the petitioner by filing a detailed reply. Learned counsel has drawn the attention of the Court to the reply Annexure P-3 and highlighted that at the stage of transfer, the grandson was student of B.Com (Second year) and was not having any source of income. Apart from this, it was pleaded that the expenses incurred upon the treatment of senior citizen at Kapoor Hospital, Ambala were borne by Harvinder Singh (father of the petitioner) and even after operation, he is being given proper care and attention. Learned counsel submits that the senior citizen has three sons and a daughter, but the senior citizen has wrongly moved this application against the grandson, as prior to the filing of this application, he had raised a similar claim against his three sons through application dated 10.10.2019, wherein the senior citizen sought cancellation of transfer deed executed by him on 25.07.2019 in favour of his sons, and the Sub Divisional Magistrate, Dera Bassi vide his order dated 10.12.2020 (Annexure P-7) instead of cancelling the transfer deed awarded him maintenance of Rs.18,000/- per month, to be shared by his sons equally i.e. Rs.6,000/- each. Learned counsel has pointed out that said order is under challenge by way of a separate CWP No. 18078 of 2022 filed by Harvinder Singh. He submits that once the order of maintenance was already in favour of the senior