MOHD. NAZIR Vs. MOHD. JAMIL

JUDGEMENT

(1.) This appeal has been preferred by the appellant-Mohd. Nazir against the Judgment and Decree dated 23.01.2019 passed by the Addl. District Judge, Sangrur in C.A. No.37 of 2017, by which, he has affirmed the Judgment and Decree dated 07.04.2017 passed by the Ld. Civil Judge, (Jr. Divn.), Malerkotla in Suit No.1153 of 2012. Short fact which would be necessary for consideration of the LIS stands enumerated as under:-

(2.) The defendant appeared and contested the suit by filing written statement by stating that, Atta Mohd., father of the parties to the suit, resided with the family of the defendant in the suit house who used to send money in the name of the plaintiff from Saudi Arabia but the plaintiff has misappropriated the money sent by him and the plaintiff is now seized of and wants to usurp the house under the garb of the present suit. He has denied the execution of the oral gift in the month of January, 2001 by Atta Mohd., father of the parties to the suit, in favour of the plaintiff. Rather, the case of the defendant is that Atta Mohd. orally gifted away the suit property in his favour in the month of August, 2007 in the presence of Mohd. Jamil, Mohd. Younas and other respectables persons of the locality and relatives of the parties and actual physical possession was also delivered in his favour. The defendant also accepted the deed of gift in the presence of the aforesaid persons and, thus, defendant became sole owner in possession of the suit house. Thereafter, on 13.02.2008, a memorandum of oral gift was prepared reducing the same into writing between the defendant and his father-Atta Mohd. Accordingly, the name of the defendant was entered in the municipal records.

(3.) The Trial Court, on the basis of the rival pleadings of the parties, framed following issues:-