K.M. KAHDIR AHMED S/O LATE MOHAMMED KHASIM Vs. SURIYA PARVEEN W/O INAYATHULLA SHARIFF AND NOT HUSSAIN SHARIFF, HASIFF HUSSAIN S/O LATE HUSSAIN SHARIFF, MUBEEN TEJ W/O HASIFF SHARIFF AND FAYAZ PASHA S/O SHAIKH ALI AND NOT JANI BASHA

JUDGEMENT

(1.) IN this Writ Petition, petitioner is challenging the order dated 26.07.2008 passed by the Trial Court in O.S. No. 5372/2005 holding that the document produced by the defendant -petitioner herein styled as Gift Deed (oral 'Hiba") shall be admitted in evidence provided defendants pay required stamp duty on the document with penalty.

(2.) THE suit is filed by respondents -1 to 3 herein seeking a decree of permanent injunction to restrain the defendants from interfering with the peaceful possession and enjoyment of the suit schedule premises by the plaintiffs. The suit schedule property is a house property bearing No. 39 (Old No. 51) situated at N.H.K. Road also known as KPM Road, Kalasipalyam, Bangalore.

(3.) DURING the course of evidence of P.W. 2, counsel for the defendant wanted to mark the Gift Deed styled as 'Hiba'. Counsel for the plaintiffs raised objection stating that required -stamp duty having not been paid on the document and the document having not been registered the same could not be admitted in evidence.