LAWS(J&K)-2009-7-34

NOOR MOHD BHAT Vs. STATE

Decided On July 28, 2009
Noor Mohd Bhat Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE dispute between the parties to this Civil Revision Petition pertains to a single storied shop situated at Wazir Bagh, Srinagar, which is pleaded by the petitioner to have been gifted to him by his father, as also to the other shops for which respondent nos. 7 and 8 are alleged to have obtained gift from his father taking benefit of his ignorance.

(2.) THE petitioner filed a suit seeking declaration that he is the absolute and exclusive owner of a single storied shop, and entitled to one third share of the compensation and other benefits likely to be awarded to the respondents by the Collector PWD Circular Road Project, Srinagar, in respect of the property left behind by his father, besides a declaration that the Gift Deed executed by his father in favour of respondent nos.7 and 8, on 31.03.1987 and registered on 15.06.1987, was a nullity, in the eyes of law.

(3.) THE respondent nos. 7 to 9 contested the petitioners suit claiming rights in the property in question on the basis of the Gift Deed, questioned in the suit.