Karam Singh vs State of Punjab - 2023 Supreme(P&H) 3441

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3441

MANOJ BAJAJ
Karam Singh – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Ms. Pooja Chopra, Advocate; For the Petitioner
For the Respondent: Ms. Jasleen Kaur Sidhu, DAG, Punjab.
Mr. A.S.Virk, Advocate for Respondent Nos.4 to 6.

Table of Content
1. petitioner's claim under senior citizens' act initiated due to fraud. (Para 1 , 2)
2. respondents argue legitimacy of land transfer and counterclaim. (Para 3 , 4)
3. court finds civil suit as appropriate remedy for fraud claim. (Para 5)
4. writ petition dismissed as no interference warranted. (Para 6)

JUDGMENT

Manoj Bajaj, J.

By means of this writ petition filed under Article 226 Constitution of India petitioner-senior citizen has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 10.06.2016 (Annexure P-2) passed by appellate authority-respondent No.2, whereby the order dated 08.06.2015 passed by Maintenance Tribunal-respondent No.3 rejecting his claim under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was upheld.

2. Learned counsel for the petitioner submits that the petitioner being owner of 92 kanals 10 marlas had transferred 74 kanals of land in favour of his four sons through transfer deed bearing No.3207 dated 21.12.2011, in equal shares i.e.1/4 the each and retained the remaining 18 kanals and 10 marla for himself. Learned counsel has pointed out that later, senior citizen filed an application on 05.03

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