FATEH ALI Vs. M A ALEEM

JUDGEMENT

(1.) Respondents 3 to 9, aggrieved by the judgment and decree made in O.P. No.24/87, dated 16-6-1993 on the file of Subordinate Judge, Nirmal, had preferred the present appeal. Facts in brief:

(2.) The registered owner of H.No.6-19 of Narsapur Village was one Mohd.Ali and the same was acquired for Sriramsagar Project by virtue of Section 4(1) notification of the Land Acquisition Act, 1894, in short hereinafter referred to as "Act", published in the Gazette on 3-9-1983. M.A.Aleem, 1st respondent in the appeal and also in O.P.No.24/87, claims to be the owner of the said property, entitled to receive compensation in view the gift made by Mohd.Ali by Ex.B-6 on 19-3-1981, registered on 24-3-1981. The 2nd respondent in the present appeal is the Special Deputy Collector, Land Acquisition-cum-Land Acquisition Officer, SRSP, Pochampad. The appellants herein, Respondents 2 to 5, filed joint claim taking a stand that the 2nd respondent being the real brother of the deceased Mohd.Ali, and Respondents 3 to 5 being the children of the 2nd respondent, by succession, are the owners of the said property, entitled to receive the compensation. The 2nd respondent in the aforesaid O.P. died pending enquiry and his wife and daughters were added as respondents 6 to 10 in the O.P. referred to supra. After settlement of Issues, on behalf of the appellants, the 3rd respondent in the O.P. was examined as RW-1 and another relative of him was examined as RW-2. Exs.B-1 to 5 and B-17 and B-25 were marked. On behalf of the 1st respondent, he had examined himself as RW-3 and also examined RW-4 to RW-7 and Exs.B-6 to B-16 and B-26 and B-27 were marked. The learned Subordinate Judge, Nirmal, vide judgment and decree dated 16-6-1993 answered the reference that the 1st respondent is entitled to withdraw the compensation on the strength of the gift made by Mohd.Ali. Hence, the Respondents 3 to 10 had preferred the present Appeal.

(3.) M.A. Aleem, the 1st respondent, made the claim statement with the following averments: The house property identified by Door No.6-19 (new) corresponding to 6-11 (old) located at Village Narsapur then within Taluk Nirmal was gifted by its owner Sri Mohammad All, S/o. Mohammad Wazeer to this claimant through registered Gift Deed document No.305 of 1981 Bahi No.1, Volume 260, pages 209 and 210 dated 24-3-1981. It was executed by late Mohammad All on 19-3-1981. The possession of the house was also delivered to Mohammad Abdul Aleem, i.e., the claimant on 19-3-1981. This claimant in pursuance of the same also collected rents from Sri K. Laxmi Narayan, Sub-Inspector of Excise, whose office was located in it. The said tenant executed rental deed in favour of this claimant regularly paying rent of Rs.50/ - a month since the date of Gift. The house in dispute is also mutated in the name of this claimant by the concerned Gram Panchayat Office of Narsapur. The late Mohammad Alt executed the registered gift deed in sound state of mind and health and voluntarily. He did on 7-5-1981. The deceased Mohd.Ali gifted the house to this claimant out of love and affection and also due to service rendered by him during the former's old age. The mother of this claimant was brought up by late Mohd.Ali as his daughter. The mother of this claimant is the daughter of SmtBeejan Bee, who is the sister-in-law of the deceased Mohammad AH. The wife of Mohd.Ali predeceased him. He died issueless. That, the house in dispute herein is the self acquired property of late Mohammad Ali. The claimant herein also spent nearly ten thousand rupees for flooring and other major and minor repairs later on. The deceased Mohd.Ali did not leave any immovable property as Matruka. That, the claimant Fateh Ali who is the brother of late Mohd.Ali was not in talking terms with the latter for a number of years. The former was inimical towards the latter. That, the claimant Fateh Ali filed a civil suit against this claimant in O.S.No.27 of 1984 on the file "of the District Munsif, Nirmal in connection with the disputed house. He has falsely pleaded therein that late Mohd.Ali was not in a physical and mental position to execute registered gift deed in favour of this claimant before his death. He has also falsely pleaded that the materials of the ancestral house at Temboreni village were used in the construction of the disputed house. He equally falsely pleaded therein that he entered into possession of the house after the death of late Mohd.Ali and that he collected rent of the house from the tenants.