IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction APPELLATE SIDE Present:

The Hon’ble Justice Shampa Dutt (Paul)

CO 3513 of 2022 Biswanath Ghosh Vs Bidyendu Ghosh For the Petitioner : Mr. Anup Kumar Mukhopadhyay, Mr. Abhijit Sarkar.

For the Opposite Party : Mr. Rwitendra Banerjee, Mr. Shibasis Chatterjee .

Judgment reserved on : 24.03.2026 Judgment delivered on : 04.05.2026 Shampa Dutt (Paul), J.:

1. The civil revision has been preferred challenging Order No. 1 dated 20.09.2022 passed by the learned Appellate Tribunal-cum- District Magistrate, Murshidabad in Appeal Case No. 1 of 2022 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules made thereunder thereby affirming the order dated December 28, 2021, passed by the learned Sub-Divisional Officer, Sadar, Sub-Division, Berhampore, Murshidabad in case no. 02 of 2020 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. Vide the impugned order, the Appellate Tribunal-cum-District Magistrate, Murshidabad in appeal from an order in an application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, disposed of the appeal by directing as follows :

“DECISION WITH REASONS ….after hearing both the parties, and perusing all the necessary documents, the analogy which can be drawn is that Sub Section (1) of the Section 23 of the Act, inter alia, states that the transferee shall provide the basic amenities and basic physical needs to the transferor. However explicitly no such thing of "basie amenities and basic physical needs" (except the mutual consent that the Appellant or his wife will have the right to live in the gifted property and the property shall not be transferred by the Respondent) has been mentioned in the Deed of Life Estate executed between the Appellant and the Respondent as mentioned supra when the Appellant was gifting a piece of land to the Respondent on the same day. Nor the Appellant depends upon the Respondent to run his livelihood.

The Appellant only claims to reside peacefully in the disputed property as mentioned supra and the Respondent may be ordered not to evict the Appellant from the said dwelling house in future.

The matter is still sub-judice. However the Appellate Tribunal has duly taken note of the fact that the Appellant, who, presently lives in the house of his daughter has a right to live in the property mentioned above.

In the considered view of the undersigned it is therefore, ORDERED That as soon as the written application of the Appellant, Biswanath Ghosh is filed before the Officer-in- Charge, Berhampore Police Station, he at once shall provide the reasonable force necessary to aid the Appellant to enter into the premises previously occupied by him prior to his alleged eviction from the aforesaid property in dispute. The Sub-Divisional Officer, Berhampore Sadar is directed to make a close liaison with the Police Station so that when a written application is filed by the Appellant, Biswanath Ghosh before him, he shall take necessary actions to implement the aforesaid order.

The Respondent Bidyendu Ghosh is hereby directed to Tender all sorts of co-operation to both Police and Civil Administration for execution of this Order. With this direction upon Appellant and the Respondent, the instant appeal is disposed of The original copy of this Order shall be kept in file and let the copy be communicated to Biswanath Ghosh the Appellant/Applicant/Petitioner in the instant appeal and Bidyendu Ghosh, herein after referred to as Respondent /Opposite Party.”

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3. The petitioner, a senior citizen in the present case being the father of the respondent/opposite party herein has preferred the writ application being aggrieved with the said order of the appellate tribunal.

4. The further case of the petitioner is that the opposite party with the intent to grab the said property drove away his elder brother from the said dwelling house. The petitione