MOHD HANEEF Vs. IQBAL ALI

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 17-12-1999 passed in M. A. No. 51 of 1999 by the Principal Civil Judge (Senior division), Gulbarga, dismissing the appeal which in turn had been preferred against the order dated 23-8-1999 passed on LA. No. I in O. S. No. 452 of 1999 by the II Additional Civil Judge (Junior Division), Gulbarga, dismissing the said application for an order of temporary injunction against the defendants who were step-brothers. Plaintiff (petitioner) had filed the suit in respect of the suit property contending that the plaintiff was the exclusive owner and in possession of the suit property and the same was gifted to him by his father way back in the year 1956.

(2.) THE defendants in the suit disputing this position denied that the plaintiff had been given a gift of such a nature, that the plaintiffs mother who is said to have received the gift on behalf of the plaintiff was in fact not alive as on the date when the gift was made. Even assuming that she was alive etc. , she was not competent to receive the gift of this nature as only a natural guardian of the minor can receive such a gift and as such the gift is void and doesn't operate as against the interest of the defendants etc.

(3.) THE Trial Court looked into the material placed by the plaintiff and prima facie was of the view, based on such material that the Court could not say that the plaintiff was in exclusive possession particularly in the fight of the pleadings by the defendants that the properties were in joint possession of the parties.