CHINTALPATI KRISHNA MURTHY Vs. RAZIA SULTAN

JUDGEMENT

(1.) This civil revision petition by the petitioners/defendants under Sec. 115 of the Code of Civil Procedure is directed against the orders dated 23.11.2011 of the learned IV Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar whereby the said learned Judge while over ruling the objection of the defendants held that the gift deed dated 16.04.1968 is admissible in evidence though unregistered and permitted PW1 to tender the same in evidence.

(2.) I have heard the submissions of the learned counsel for the parties. I have perused the material record including the gift deed, which is in Urdu, and also the two translations filed along with the material papers, which are said to be at variance in regard to the aspect as to whether the property was delivered prior to the execution of the said document or under the said document. Be that as it may.

(3.) The facts, as per the submissions made at the hearing, in brief, are as follows: The plaintiffs brought the suit against the revision petitioners/defendants 1 and 2 for a perpetual injunction in respect of various extents in survey no.358 (old survey no.33) of Chandanagar village, Serlingampalli Revenue Mandal morefully described in the plaint 'A', 'B' & 'C' schedules annexed to the plaint. The revision petitioners/defendants 1 and 2 are resisting the suit inter alia contending that the 1st defendant had purchased the property of an extent of Ac.2.08 guntas in survey no.358 under a regular registered sale deed dated 26.09.1964 which is within specific boundaries as mentioned in the schedule annexed to the said sale deed and that the defendants are running a petrol bunk since a very long time in the said property and that the plaintiffs are now relying upon a subsequent deed of gift dated 16.04.1968 and brought the suit for perpetual injunction after obtaining mutation, which is under challenge in a writ petition before this Court.