MOHD GHOUSE Vs. SHAREEFUNNISA

JUDGEMENT

(1.) This Writ Petition is filed assailing the orders, dated 04-05-2010 passed in L.G.C. No. 11 of 2009 on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad ("Special Court" for brevity) whereunder the Court declined to accept an unregistered gift deed presented by the petitioner as evidence.

(2.) The petitioner claims to be the absolute owner and possessor of land, measuring an extent of Ac.1.10 guntas situate in Sy. Nos. 139 and 140, corresponding to T.S. No. 3, 4, 5 and 7, Ward No. 6, Block-N of Panchamulaguda, Yellareddyguda, Hyderabad. It is his claim that one Mohd. Sadiq Ustad, son of Rehman Saheb was the original owner of the said land by virtue of a patta granted by the then Office of Aval Taluqdar, Atraf Balda. The said pattedar was a bachelor and he, out of love and affection towards the petitioner, gifted the land to the petitioner and executed a gift deed, dated 09-03-1971. The petitioner thus assumed and remained in possession of the said land till 2006. As the said land has been allegedly grabbed, the petitioner initiated the L.G.C. in the Special Court. During the course of proceedings, the petitioner produced the said gift deed in support of his claim. On the objection of the respondents, the Special Court, on the ground that the document is an unregistered gift, held by virtue of the impugned order that the same cannot be received as evidence.

(3.) Heard the learned Counsel for the petitioner.