ABDUL KHADER Vs. MUZAFFARUDDIN

JUDGEMENT

(1.) Plaintiffs in OS. No. 147 of 1993 on the file of the VI-Addl. Senior Civil Judge, City Civil Court, Hyderabad are the appellants. They filed the said suit seeking to pass a preliminary decree for partition and separate possession in respect of Matruka property bearing H. No. 17-1-238 to 241, admeasuring 1640 sq. yards situated at Hat Mama Bhaktawar, near Santhoshnagar colony, Hyderabad. The suit was dismissed under the impugned judgment and decree dated 30.11.2000. The parties are referred to as they are arrayed in the suit.

(2.) The facts, which are borne out by the record, are as follows,

(3.) The defendants 1 to 4 resisted the suit by filing their written statement claiming that under the registered gift deed dated 3.9.1953 Mahboob Bee became exclusive owner of the suit schedule house and under the same document the first defendant was exclusively gifted another house bearing H. No. 17-1-385 to 387. It is further alleged that Mahboob Bee during her life time executed a registered sale deed dated 27.8.1970 in favour of wife of first defendant and as such there is no Matruka property left by her, when she died on 20.6.1988. It is alleged that the plaintiff being aware of the sale made by Mahboob Bee in favour of wife of first defendant, did not challenge the same and only in the year 1993 he filed the present suit for partition suppressing the said sale.