SYED FATAHUDDIN Vs. GOLLA SHADRAK

JUDGEMENT

(1.) This C.M.A., is filed challenging the order, dated 8.3.2004, passed by the Court of Principal Junior Civil Judge, Bapatla, in an application filed under Order XXI, Rule 58 C.P.C.

(2.) The 1st respondent filed O.S.No.60 of 1998, in the Court of Principal Junior Civil Judge, Bapatla, against the 2nd respondent, for recovery of some amount. The suit was decreed and the decree became final. Since the 2nd respondent did not comply with the decree, the 1st respondent filed E.P. No.95 of 2002, and got attached, an item of immovable property. The appellant filed E.A. No.416 of 2003, under Rule 58 of Order XXI, raising objections. According to him, the attached item of property was gifted to him by the 2nd respondent. During the enquiry into that application, the appellant sought to rely upon a document, dated 27.3.1996. The 1st respondent raised an objection as to admisslbility of the document on the ground that a gift conveyed through a written document, even by a Muslim, needs to be registered. The executing Court sustained the objection. Hence, this appeal.

(3.) Mr. Pratap Narayan Sanghi, learned Counsel for the appellant submits that the 2nd respondent gifted the property orally, and the document in question, has the effect of only confirming the past transaction, and is not a gift deed by itself. He submits that when a muslim is entitled to gift an item of immovable property, orally, a document, evidencing it, cannot be required to be registered.