MOHAMMAD AYUB KHAN Vs. MOHAMMAD AYUB KHAN

JUDGEMENT

(1.) This appeal was admitted for hearing on the following substantial questions of law : -

(2.) The suit land originally belonged to Mullaji Mulayam Khan who died in the year 1954 and before death, it is the case of the plaintiff that he had executed a registered gift deed dated 14-12-1950 (Ex.P-1) in his favour during his minority which was accepted by his father Mohd. Ishhaque Khan who died in the year 1964 and it is the further case of the plaintiff that he became major in the year 1982 and came to know about the execution of above-stated gift deed by his grand-father in his favour. It is further alleged that from the suit land shown in Schedule A of the plaint, he was dispossessed by defendants No.1 to 5 in May, 1993 and thereafter, they are in illegal possession of Khasra No.46/18, area 2.12 acres, for which he is entitled for decree of recovery of possession and in Schedule B land, he is in joint possession with defendants No.1 to 5 and entitled for decree of partition.

(3.) In the said suit, the defendants who are the plaintiff's father's brothers namely Mohd. Ayub & Mohd. Mahboob Khan, plaintiff's father's sisters - Hamida Begum & Julekha Khatoon set up the plea of their title and denied the title of the plaintiff over the suit land and denied any kind of gift deed in favour of the plaintiff by Late Mullaji Mulayam Khan and set up a plea that Mullaji Mulayam Khan on the date of execution of gift deed dated 14-12-1950, was aged about 100 years and therefore physically incapable of executing a gift deed in favour of the plaintiff and also set up the plea of limitation.