MOHAMED DADUKHAN TANASHA Vs. FATIMABI DILWAR JAMADAR

JUDGEMENT

(1.) This Second Appeal is filed by the Appellant-original Defendant No.1, son of late Smt.Aaishabi-original Defendant No.2, as both the Courts below concurrently declared in favour the original Plaintiffs (Respondents 1 to 4), the Gift Deed dated 19.02.1985 is null and void and granted decree for partition and separate possession with mesne profits as prayed.

(2.) The undisputed geneology as recorded by the trial Court is as under:

(3.) The Appellants (original Defendant Nos. 1 and 3) resisted the said Suit and averments. The parties led the evidence. The trial Court after considering the material on record held that the Plaintiffs have proved that they are title holder of the suit property; Defendant No.2 has been appointed to look after the suit property; Defendants got mutated their names in 7/12 extract of the suit property by false representation; the Gift Deed dated 19.02.1985 is null and void and therefore entitled for declaration as sought including possession of 2/6th share in the suit property. The trial Court further observed that Defendant No.1 failed to prove that the suit property was gifted to his mother by deceased Hasan Jamadar under oral Gift Deed dated 28/7/1952.