SARDAR BALWANTH SINGH Vs. SARDAR BHAGATH SINGH

JUDGEMENT

(1.) THIS appeal is preferred against judgment dated 19 -1 -2009 in A.S. No. 332 of 2007 on the file of Chief Judge, City Civil Court, Hyderabad whereunder judgment dated 29 -1 -2007 in O.S. No. 3459 of 2004 on the file of V Additional Junior Civil Judge, City Civil Court, Hyderabad, is reversed.

(2.) APPELLANT herein is the defendant and respondent herein is plaintiff in O.S. No. 3459 of 2004.

(3.) ACCORDING to plaintiff, his father acquired plaint schedule property and some other properties and died in the year 1973 leaving behind him, his wife and five sons including the plaintiff. Thereafter, separate gift deeds were executed and the plaintiff took major share while plaintiff and other brothers were given small shop. When the plaintiff lost some portion of property in road widening of MCH, his mother agreed to provide the suit schedule property to him as it was appurtenant to the premises bearing No. 7 -1 -166,1661/1 and 153 belonging to plaintiff. A memorandum of understanding dated 30 -4 -2002 was executed between plaintiff and his mother whereunder plaintiff is provided passage from his property bearing Door No. 7 -1 -153 to western side of the road. Plaintiff has complied with the conditions mentioned in Memorandum and on that, mother executed registered gift deed on 5 -5 -2001 gifting schedule property and as such, plaintiff has become absolute owner.