LAWS(APH)-1987-6-14

NASYAM AMEER BI Vs. SYED PYAREJAN

Decided On June 17, 1987
NASYAM AMEER BI Appellant
V/S
SYED PYAREJAN Respondents

JUDGEMENT

(1.) This Second Appeal arises out of the Judgment and Decree in A S No. 77 of 1982 on the file of II Additional District Judge, Cuddapah.

(2.) The suit was filed for declaration of Plaintiff's title to the suit schedule property, which is a house situated in Rayachoti town, Cuddapah District and fora permanent injunction restraining the defendants and their men from interfering with the possession of the plaintiff.

(3.) It may be necessary to state a few salient features of the case, before considering the legal issue involved in the matter. The plaintiff and defendant No. 2 are the daughters of defendant No. 1., The Plaintiff has three brothers, namely Abdul Hakeem, Mohd. Ameer and Zakria. Their father late Abdul Gafoor died some time back leaving considerable immovable properties in Rayachoti town. The plaint schedule property which is a house bearing Door No. 24/26 in Sowkariah Sab Street is one of the properties of the family. The house in question originally belonged to Abdul Gafoor who gifted it in favour of his wife defendant No. 1 in 1972 through a registered gift deed Ex. B-2 dated 29-11-1972. The Plaintiff was married to Syed Ameer who is a lorry broker at Rayachoti. Moreover, all the children born to the Plaintiff are female children which added to her financial obligations more than any other family member. It is also evident that as compared to other sons and daughters in the family, the plaintiff Is the poorest among the whole lot. Under these circumstances, it is avered that the father late Abdul Gafoor expressed his desire to his wife the first defendant that the house which was gifted to her should be given to the Plaintiff by the first defendant by virtue of a gift to alienate her poverty. The Plaintiff has been living in the said house even during the life time of the father. After the death of the father the first defendant made a gift and delivered the plaint schedule property on 14-12-1975. The said house was taken delivery of by the Plaintiff and eversince then the Plaintiff has been in exclusive possession of the Plaint schedule house. Later on, Ex. A-1 dated 14-12-1975 was executed by the first defendant in favour of the Plaintiff in respect of the suit house acknowledging the gift which has been made by her in favour of her daughter i.e., the Plaintiff. After some time the first defendant thought of going for Haj pilgrimage and it is said that since she was in need of money she executed a registered sale deed in respect of the suit house marked as Ex. B-1 dated 29-6-1979 in favour of the 2nd defendant who is also a daughter of the first defendant Having come to know of the execution of the sale deed the Plaintiff filed the suit for declaration and perpetual injunction as stated above.