101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 09-04-2025 BIJENDER PAL ........Petitioner VERSUS STATE OF HARYANA & OTHERS ........Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: None for the petitioner.

Mr. Saifuddin Shams, Advocate for the applicant/respondent No.4.

***

HARSIMRAN SINGH SETHI, J. (Oral)

CM-4995-CWP-2025 and CM-4996-CWP-2025 Present applications have been filed for seeking condonation of delay of 28 days in filing the restoration application and for restoration of the main writ petition on the plea that the order which was passed on 20.01.2025, the same was beyond the instructions issued to the counsel by the respondent/applicant hence, the same should be withdrawn and the writ petition be decided on merits.

For the reasons recorded, the applications are allowed. Delay of

28 days in filing the present application is condoned and the order dated 20.01.2025 is recalled and the main writ petition is restored to its original number and status and the main writ petition is taken on board for final hearing today itself.

1. In the present petition, the challenge is to the order dated 17.08.2021 , copy of which has been appended as Annexure P-7 passed by the Appellate Tribunal by which, the order passed by the Tribunal on 15.01.2021 (Annexure P-5) has been upheld and the property which was transferred by the respondent-Senior Citizen in favour of the petitioner has been ordered to be reverted back to the senior citizen.

2. Certain facts needs to be noticed for the correct appreciation of the issue in hand.

3. The respondent No.4-Senior Citizen transferred the property measuring 40 Kanals situated in Village Tandaheri, Tehsil Bahadurgarh, District Jhajjar, Haryana vide transfer deed No.1269 and 1270 dated 14.05.2019. Thereafter, on 07.08.2020, an application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred as “2007 Act”) was filed by respondent No.4 for cancellation of the transfer deed in question. The Tribunal envisaged under the 2007 Act, passed an award dated 15.01.2021 declaring the said transfer deed as fraud in terms of Section 23 of the 2007 Act by recording a finding that the respondent No.4-Senior Citizen is living with his Jija and he is not taken care of hence, the transfer deed dated 14.05.2019 (Annexure P-2) and the consequent mutation in favour of the petitioner herein was declared null and void. Against the said award dated 15.01.2021, , an appeal was preferred by the petitioner, which was also came to be dismissed on 17.08.2021 (Annexure P-7) hence, the present petition has been filed challenging both the orders.

4. As per the averments made in the writ petition, the orders dated 17.08.2021 (Annexure P-7) and 15.01.2021 (Annexure P-5) have been passed by the authorities envisaged under the 2007 Act without appreciating as to how, the twin conditions mentioned in Section 23 of the 2007 Act have been fulfilled so as to treat transfer of land in favour of the petitioner by the respondent-Senior Citizen so as to be treated as fraud. It has been further mentioned that nothing has come on record as to how, the respondent-Senior Citizen was required to be maintained which duty was not fulfilled by the petitioner hence, without even adverting to the said aspect, the orders dated 17.08.2021 (Annexure P-7) and 15.01.2021 (Annexure P-5) have been passed by the authorities in a totally cryptic and non-speaking manner.

4. Learned counsel appearing on behalf of respondent No.4-Senior Citizen submits that once, the transfer was made with the condition that the petitioner-son will maintain the respondent-Senior Citizen and he has failed to maintain, and the said assertion of the respondent-Senior Citizen has been accepted by the authorities, the orders dated 17.08.2021 (Annexure P-7) and 15.01.2021 (Annexure P-5) passed by the authorities concerned are in consonance with the provisions of the 2007 Act hence, the sam