TAJA BEGUM Vs. AB. GANI KHANDAY

JUDGEMENT

(1.) This appeal is directed against the order dated 22.05.2014 passed by the Court of Principal District Judge, Baramulla. Appellant has filed suit for declaration and injunction alleging therein that she lost her parents at a very young age, so was taken care of by the elder brother of the respondent. Execution of gift deed has been allegedly manipulated which is shown to have been registered on 6th April, 1968 with respect to land measuring 18 kanals 06 marlas which was inherited by her from her mother. She has sought declaration of the said gift deed to be void ab initio on the ground of having been shown executed at a time and date when she was minor. Furthermore, there was no reason or cause for her to gift said land in favour of the respondent. She gained knowledge of the said gift deed when a suit was filed before the Court of Munsiff, Tangmarg by the respondent. It is also alleged that 06 kanals and 11 marlas were reverted back to her in terms of compromise deed dated 25.11.1971.

(2.) In the writ petition (OWP) No. 1674/2012 was filed wherein directions were issued to SP, Vigilance Organization and SP, Crime Branch for initiating action. Preliminary report was submitted to the Deputy Commissioner Baramulla by the said organizations on 13.08.2013 confirming the said gift deed to be fake and forged as the fingerprints affixed thereon did not tally with the fingerprints of the appellant. Further, it is stated that the consent decree wherein reference to gift deed is made, is also doubtful. The suit property continues to be in her possession. That being so, the gift deed is a simple piece of paper.

(3.) An application for grant of temporary injunction along with suit as filed has been rejected by the learned trial court vide order impugned dated 22.05.2014. Aggrieved thereof, instant appeal has been filed.