MOHD ASLAM AND ORS Vs. JAMILA BEGUM ORS

JUDGEMENT

(1.) I A No.7346/2017

(2.) The present suit is filed seeking declaration against the defendants that the plaintiffs are the co-owners/joint owners of the suit property and for declaring Hiba dated 03.01.1979 as null and void.

(3.) It is the case of the plaintiffs that knowledge of the Hiba was obtained on 03.12.2013 in another proceedings being CS 206/2013. In those proceedings, the plaintiffs then filed counter claim on 01.11.2014. Subsequently, with the permission of the court on 19.05.2015 the said counter claim was withdrawn with liberty to file a fresh proceeding regarding the said document. It is further pleaded that the mother of the plaintiff Nos.1 to 5 expired on 22.08.2016. It is also pleaded that it was the mother who was in the control of the records and documents. The suit was filed on 17.10.2016.