SONYA CHIKHALIKAR Vs. ANITA FERNANDES

JUDGEMENT

(1.) This Notice of Motion is taken out by the defendants for vacating and setting aside the adinterim and interim orders dated 8th October, 2001 and 6th November, 2003. The plaintiffs and defendant No.1 are sisters being children of one Edna Sequeira (Edna). The plaintiffs sued for an injunction restraining the defendants from selling, alienating, encumbering and creating third party rights in the suit property being Sun Rise Cottage, a bungalow in which Edna resided until her death and for revocation of Deed of Gift executed by Edna in favour of defendant No.2.

(2.) Since the Gift Deed was challenged, it was looked into by the Court whilst passing the aforesaid orders. The Gift Deed was seen not to have been registered until the filing of the suit. The Gift Deed is document compulsorily registrable. It was observed that the Gift Deed was lodged for registration but was never registered. The Court also observed that what was registered was Deed of Confirmation to which donor was not party. Hence the Court observed that defendant No.1 could not have got absolute rights under the Gift Deed. Consequently an order of injunction came to be passed. It is this order which is sought to be vacated as the Gift Deed has been registered after filing of the suit and after the adinterim and interim orders came to be passed.

(3.) The Gift Deed was executed on 24th February, 1985. It was lodged for registration on 28th February, 1985. The Gift Deed showed the valuation of the gifted property which was a bungalow to be of Rs.49,000/. The stamp duty of Rs.4,900/ came to be paid at the time of registration in 1985. The donor had signed the document and admitted registration before the Sub Registrar of Assurances, Mumbai. The donee accepted the gift. The Gift Deed has been attested by two other witnesses one being the advocate and solicitor of this Court.