AMINUDDIN Vs. RAFIQUDDIN

JUDGEMENT

(1.) The respondent, as plaintiff, initiated a civil action framing subject matter of Civil Suit No. 85 -A/2004 for declaration of right, title and interest in respect of the suit house bearing Municipal No. 595 (New No. 522) and for declaration of possession. A further prayer was made in the civil suit seeking a declaration that 'Hiba' (deed of gift) dated 2.5.1978 executed by Haji Waheeduddin in favour of the present petitioner, the defendant in the suit, is illegal and not binding upon the respondent/plaintiff. In addition, there are other prayers in the suit. The learned trial Judge dismissed the suit of the respondent plaintiff by judgment dated 30th April 2002. Being aggrieved by and dissatisfied with the respondent/plaintiff preferred an appeal.