SYED EQBAL Vs. RABIA BEE

JUDGEMENT

(1.) The plaintiff is the appellant in this appeal. The suit is laid for declaration of title of the suit house and recovery of possession from defendants 1 and 2 and also mesne profits.

(2.) The plaintiff's case is that he obtained a gift from the 1st defendant under a registered gift deed dated 6-1-72 and also subsequently obtained possession. But the 2nd defendant who is a divorced wife of the 1st defendant trespassed and broke open the lock and took possession of the property when the plaintiff was out of station.

(3.) The 1st defendant filed a written statement admitting the execution of the gift deed by him in favour of the plaintiff and he also stated that he delivered possession to the plaintiff. The 2nd defendant who contested the claim set up a prior oral gift ia her favour by the 1st defendant.