MD. YUNUS Vs. MD. JAMAL AKHTAR

JUDGEMENT

(1.) The Appellant, by filing this Appeal, under Sec. 100 of Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment and decree dtd. 19/8/2017 & 31/8/2017 respectively passed by the learned Additional District Judge, Champua in R.F.A. No.15 of 2014.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the suit.

(3.) The Plaintiff and the Defendants are the sons and daughters of late Md. Siddique. He died on 24/7/1992. Md. Siddique was the full owner of the properties which form the subject matter of the suit as well as other properties situated at Champua and Jayantigarh. Md. Siddique during his life time had made a settlement concerning his land by way of 'Hiba' (Gift) on 11/2/1988 without receiving any consideration from his sons and daughters and pursuant to the same, he had delivered the possession of the properties to the Plaintiff and on that day, he had executed a deed of settlement by way (Hiba) of the properties including the suit land. It is said that the Hiba (gift) in respect of the suit land was complete and the Plaintiff is in possession of the same since then. He thus claims to be the absolute owner of the suit properties on or from 11/2/1988 as the donee having got those under the Hiba (Gift) made by Md. Siddique, the donor.