SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(P&H) 1558

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI, J.
Gurbachan Lal Narula – Petitioner
Versus
State of Haryana And Others – Respondents
CWP-12527 of 2022
Decided On : 17-11-2025

Advocates Appeared:
For the Petitioner:Mr. Saket Bhandari, Advocate
For the Respondents: Mr. Bhupender Singh, Addl. A.G., Mr. Jagdish Manchanda, Sr. Adv. with Mr. Gurpreet Jayia, Adv.

Orders passed by judicial bodies require proper jurisdiction, and any judgment rendered without such jurisdiction is deemed null and void.

Headnote:(A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Sections 23 and 25 - Writ petition for setting aside orders passed by Maintenance and Appellate Tribunals for cancellation of a transfer deed. Maintenance Tribunal directed to pay maintenance of Rs. 5,000/- per month to petitioner and prohibited evictions during his lifetime. Petitioner later withdrew and reinstated petition due to non-compliance of compromise deed. Court found impugned orders lacking proper coram as per Rules. Court emphasized that orders passed without jurisdiction are null and void. (Paras 2, 6, 7, 8)

Facts of the case:
The petitioner, a senior citizen, sought to cancel a transfer deed executed in favor of respondent No. 4, while also seeking maintenance payments and protection from eviction. Petitioner’s earlier compromise was disputed by respondent No. 4, leading to this petition.

Findings of Court:
The impugned orders were found to be illegal due to lack of proper coram and lack of jurisdiction. The case was remanded for fresh adjudication under proper authority.

Issues: Whether the impugned orders were passed in accordance with the statutory requirements concerning composition and jurisdiction of the Maintenance and Appellate Tribunals.

Ratio Decidendi: Orders lacking jurisdiction are nullities. The petitioner’s right to contest jurisdiction could not be waived, even if not raised earlier.

Result: Writ petition allowed, impugned orders set aside, and matter remanded for fresh adjudication.

Table of Content
1. petitioner seeks to challenge tribunal orders. (Para 1 , 2)
2. issues related to tribunal constitution and coram. (Para 3 , 4 , 5 , 6 , 7)
3. orders set aside; remand for fresh adjudication. (Para 8)
4. case disposed with directions. (Para 9)

JUDGMENT :

KULDEEP TIWARI, J.

1. The relief sought in the present writ petition is for setting aside the orders dated 10.09.2021 and 10.01.2022 passed respectively by the Maintenance Tribunal and the Appellate Tribunal.

2. Succinctly stated, the petitioner, a senior citizen, filed an application under Sections 23 and 25 of the MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT , 2007 (hereinafter referred to as “the Act of 2007”) before the Maintenance Tribunal, seeking cancellation of a transfer deed dated 22.04.2015 executed by him in favour of respondent No.4. Vide order dated 10.09.2021, the Maintenance Tribunal declined the petitioner’s prayer for cancellation of the transfer deed, but directed respondent No.4 to pay maintenance of Rs. 5,000/- per month to the petitioner. The Maintenance Tribunal further directed that the petitioner shall not be evicted from the house in question during his lifetime, and the house shall not be sold by respondent No.4 during that period. Aggrieved by the rejection of his request for cancellation of the transfer deed, the petitioner preferred an appeal before the Appellate Tribunal, which was dismissed vide order dated 10.01.2022. Hence, the petitioner has approached this Court assailing the orders (supra).

3. Before gauging the validity of the impugned orders, it is pertinent to note that the dispute was earlier amicably resolved between the parties through a compromise deed dated 18.10.2023 (Annexure A-2). Consequently, this Court, vide order dated 08.11.2023, permitted the petitioner to withdraw the writ petition. Subsequently, the petitioner filed a miscellaneous application seeking recall of the order dated 08.11.2023 and restoration of the writ petition, on the ground that, respondent No.4 was not complying with the terms and conditions of the compromise deed. Finding merit in the application, this Court recalled the order dated 08.11.2023 and restored the writ petition to its original position.

4. During the pendency of the writ petition, this Court afforded respondent No.4 an opportunity to adhere to the terms of the compromise deed. However, respondent No.4, by bringing certain supervening circumstances on record, expressed his unwillingness to abide by the compromise. It is also undisputed that respondent No.4 has not paid the arrears of maintenance, as directed by the Maintenance Tribunal, whose order he has not chosen to challenge.

5. In view of the foregoing, and after hearing learned counsel for the parties, this Court passed the following order on 11.11.2025:-

“1. Learned senior counsel for the respondent No. 4 submits that the respondent No. 4 is not willing to abide by the terms and conditions of the compromise (Annexure A-2), and therefore, he wishes to address arguments on the merits.

2. Learned counsel for the petitioner, by drawing the attention of this Court to Rules 3 and 17 of the Haryana Maintenance of Parents and Senior Citizens Rules, which stipulate the constitution of the Maintenance Tribunal and the Appellate Tribunal respectively, submits that the impugned order(s) have been passed by the Tribunal without the complete coram stipulated under the Rules (supra), and hence, the impugned order(s) warrant interference on this ground alone.

3. Learned State counsel seeks an adjournment, thereby enabling him to address arguments as to whether the impugned order(s) passed by the Tribunal withstand the test of legality in view of the Rules (supra).

4. List, as prayed for, on 17.11.2025 in the urgent list.

5. It is made clear that, on the subsequent date of hearing, no request for adjournment would be entertained on behalf of either side, except for strong and compelling reasons.”

6. Today, learned counsel for the peti

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top