MOBEEN AHMAD Vs. SMT. SARWARI BEGAM

JUDGEMENT

(1.) HEARD learned counsel for the parties at the admission stage.

(2.) THIS is defendant's second appeal arising out of O.S. No.593 of 2000 which was decreed in part by Ist Additional Civil Judge (Senior Division), Court No.14 Saharanpur on 07.09.2005. The suit was decreed for possession, however, it was dismissed for damages. Against the said decree defendant -appellant filed Civil Appeal No.31 of 2005 which was dismissed by District Judge, Saharanpur on 14.01.2008 hence this second appeal. Plaintiff and defendant are nephew and aunt.

(3.) THE defendant pleaded that Smt. Sarwari Begam orally gifted the property on 04.05.1985 to him. However, earlier defendant had filed O.S. No.330 of 1991 against the plaintiff -respondent basing his claim on oral gift dated 04.05.1985. The said suit was dismissed on 14.01.1993 and appeal filed against the same was also dismissed. Thereafter matter was not carried further.