FAZALULLAH KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) PETITIONER is the younger brother of respondent No.3. The latter owned the property bearing No. 17-5-551 near Bungalow Bini, Dabeerpura, Hyderabad. He executed a gift deed, dated 19-7-2006, in favour of the petitioner. There is a recital to the effect that possession of the property is delivered to the petitioner on the same day.

(2.) THE petitioner contends that after the gift became complete with the delivery, of possession, entries were made in his name in the municipal records. He states that the ration card and other amenities are extended to him with reference to the address of the said house and that he is paying the electricity and other charges for the property.

(3.) RESPONDENT No.2 filed a counter-affidavit stating that the judgment rendered by the Hon'ble Supreme Court in Civil Appeal No. 317 of 2007 is in relation to the cancellation of a sale deed and the same does not apply to the cancellation of a gift deed.