MOHAMMED MOINUDDIN Vs. MOHAMMED MAHMOOD ALI

JUDGEMENT

(1.) THE plaintiff in O. S. No. 1332 of 2000 on the file of the VIII Senior civil Judge (Fast Track Court), City Civil Court, Hyderabad, filed this revision. He assails the order dated 5-11-2004, passed by the trial court, through which, an objection raised by the petitioner, as to the admissibility of a document, was overruled.

(2.) THE petitioner and the respondents are brothers. The petitioner filed the suit for partition of the suit schedule properties and allotment of the corresponding share to him. The suit was resisted by the respondents. The 1st respondent pleaded that his mother, Smt. Khaja begum, orally gifted property in house No. 18-3-431, of Chowni Gulani murtuza, Hyderabad, admeasuring 334. 5 sq. yards on 3-3-1995. He further pleaded that the factum of oral gift was incorporated in a memorandum dated 7-6-1995.

(3.) THE trial of the suit commenced. During the course of adducing his evidence, the 1st respondent referred to, and relied upon the memorandum of confirmation of the oral gift, dated 7-6-1995 (for short 'the memorandum'), and sought to get it marked. The petitioner raised an objection.