GULAM MOHINUDDIN Vs. JALIL

JUDGEMENT

(1.) PLAINTIFFS Gulam Mohinuddin and Afzal Hussain have filed this second appeal against the defendants Jalil and Nazir challenging the judgment of learned Additional District Judge, No. 1, Jaipur City, Jaipur whereby the suit of the plaintiffs was dismissed and the judgment of Additional Munsif No. 1, Jaipur was confirmed

(2.) THE plaintiffs filed this suit against the defendants for possession of the apartment house in the suit property mentioned in para I of the plaint The plaintiffs' case is that Maula Bux was the owner of the suit property and he gifted it to Ibrahim through a registered deed dated May 6, 1954. Then Ibrahim gifted this property in favour of the plaintiff on October 23, 1959 by a registered gift deed and handed over the possession of the building to them. Ibrahim often lives at Ahmedabad and when Ibrahim came to Jaipur in marriage of the plaintiff's daughters, defendant Jalil made a request that at that lime he had paucity of accommodation. On this request Ibrahim allowed Jalil to occupy the second storey of the suit property. However, the defendant did not vacate it and did not return it back to Ibrahim. Ibrahim gifted the house in suit to the plaintiffs and hence the plaintiffs had filed a suit for possession of that part of the property. The defendants in the written state -men! admitted that the suit property belonged to Maula Bux, but it is said that defendant Nazir had b

(3.) THE issues were framed and evidence was recorded and thereafter the suit was dismissed on the ground that though gift deeds were executed one after the other, but once the title was not transferred, the gift was not valid. The plea of adverse possession of the defendants was not accepted. However, in the sense of delivery of possession as the gift was not valid, the suit was dismissed.