SHAHEDA MEHDI Vs. ZIA MEHDI

JUDGEMENT

(1.) The present Civil Revision Petition is filed under Article 227 of the Constitution of India, aggrieved by the order dtd. 7/11/2019 in I.A.No.125 of 2019 in O.S. No.199 of 2007, on the file of the Special Sessions Judge for Trial of Cases under S.C.s & S.T.s (POA) Act-cum-XI Additional District & Sessions Judge, Visakhapatnam.

(2.) The parties hereto are referred to as they were arrayed in the Suit.

(3.) The petitioners/plaintiffs, filed suit for a declaration that the gift deed dtd. 10/10/2013 executed by the first defendant in favour of the second efendant is void and non-est in law. It is contended that the 1st defendant gifted the subject property in favour of the plaintiffs in the ratio of 60:20:20, as per Muslim law, in the presence of the Chartered Accountant. The plaintiffs accepted the gift, and the Chartered Accountant, Sri C.R. Hemanth Kumar, also executed a notarized affidavit. The 1st defendant confirmed the same through her letter dtd. 7/6/2002 addressed to the plaintiffs. It is stated that subsequently, while effecting the settlement of properties belonging to the families of the 1st defendant, the plaintiffs came to know about a registered gift settlement deed dtd. 10/10/2003 alleged to have been executed by the 1st defendant in favour of the 2nd defendant. It is contended that the plaintiffs after issuing legal notice dtd. 27/3/2007, to the defendants filed Suit questioning settlement of the property for declaration that the gift settlement deed dtd. 10/10/2003, in favour of the 2nd defendant as void and non-est. The reliefs sought in the Suit are as follows: