D.PRABHAVATHAMMA Vs. D.KAVITHA

JUDGEMENT

(1.) This revision is filed against the docket order, dtd. 20/10/2022, passed in O.S.No.586 of 2018 on the file of the Court of the I Additional Junior Civil Judge, Tirupati, by which the unregistered gift settlement deed, dtd. 31/3/1987, was held to be not admissible in evidence for collateral purpose.

(2.) Heard the learned counsel for the parties.

(3.) The suit was filed for declaration of the right of the plaintiffs in the pathway shown as plaint 'B' schedule property, i.e., CEFG in the plaint rough sketch and for directing the defendant to remove the unauthorized structure made in the said pathway. The case of the plaintiffs is that the plaint 'A' schedule property was gifted to D. Varadaraja Naidu, who is the husband of the 1st plaintiff and father of plaintiffs 2 and 3 under the gift settlement deed, dtd. 31/3/1987, and that a right to pass through the 'B' schedule property of 5 feet width east to west and 52 1/2 feet length north to south which is adjacent to plaint 'A' schedule property is created under the said document. But, the father of the defendant, by name, D.Devarajulu, got prepared a registered partition deed, dtd. 12/2/1990, by mentioning wrong measurements of plaint 'B' schedule property, and taking advantage of the same, the defendant was making illegal constructions over the plaint 'B' schedule property. The defendant resisted the suit admitting the existence of the joint lane but confining to the measurements as per partition deed, dtd. 12/2/1990, and disputing the gift settlement deed.