A.THAHERUNNISA BEGUM (DIED) Vs. A.KHADER BAIG

JUDGEMENT

(1.) This revision petition, under Article 227 of the Constitution of India, is filed being aggrieved by the order dated 01.03.2012 passed by the Senior Civil Judge, Nandikotkur, in I.A.No.12 of 2012 in O.S.No.13 of 2002 whereby the application filed by the respondents/ defendants under Order XIII Rule 1(2) read with Section 151 of the Code of Civil Procedure, 1908 (for brevity CPC) was partly allowed.

(2.) Originally, the suit is filed by the petitioners herein for partition and separate possession of the suit schedule property and also for passing preliminary decree. During the course of trial, the respondents filed I.A.No.12 of 2012 under Order XIII Rule 1(2) of CPC seeking to receive the documents viz., 1) Gift deed dated 24.12.1957; 2) Relinquishment deed dated 19.04.1982; and 3) Agreement dated 22.06.1998, in evidence.

(3.) The 4th respondent filed an affidavit in support of the above I.A. stating that the unregistered gift deed dated 24.12.1957 and so also the relinquishment deed dated 19.04.1982 do not require registration as per Mohammadan Law. One Ghouse Baig, the grand father of the