G.GYNESHWAR Vs. G.MAHESHWAR

JUDGEMENT

(1.) This appeal is directed against judgment and decree dtd. 12/11/2021 passed by the learned IX Additional Chief Judge, City Civil Court, Hyderabad, in A.S.No.69 of 2017 confirming the judgment and decree dtd. 30/12/2016 passed by the learned I Senior Civil Judge, City Civil Court, Hyderabad, in O.S.No.1005 of 2011.

(2.) The appellant herein is the defendant and the respondents herein are the plaintiffs in the suit. O.S.No.1005 of 2011 was filed by the plaintiffs against the defendant seeking for eviction and also for mesne profits of Rs.6,000.00 per month from the date of suit. The case of the plaintiffs in brief is that the second plaintiff purchased the suit schedule house bearing No.11/4/502 situated at Bazarghat, Hyderabad, admeasuring 31 square yards. As she is issueless, she adopted the first plaintiff and gifted the schedule property to him vide Gift Deed bearing Document No.655 of 2009 dtd. 21/2/2009. The schedule property consists of ground and first floors. The defendant is no other than the real brother of the first plaintiff and that on the request of defendant's father, the first plaintiff gave permissive possession to him to reside in the first floor portion of the schedule property on the assurance that he would vacate the premises as and when demanded by the plaintiffs. As the second plaintiff gifted the schedule property to the first plaintiff, the defendant bore grudge against the latter and started picking up quarrels with them. The defendant and his wife created much inconvenience to the plaintiffs and as such the plaintiffs requested them to vacate the premises for which the defendant sought two months time to vacate. Even after two months the defendant is postponing the matter on one or other pretext and on 12/5/2011 the defendant and his wife threatened the plaintiffs and created nuisance and finally refused to vacate the premises and thus, the first plaintiff got issued a legal notice to the defendant on 13/5/2011. The defendant gave reply notice and thereafter the plaintiff filed the suit for eviction.

(3.) The defendant in his written statement while admitting the relationship stated that he is the absolute owner and possessor of the undivided share in schedule house bearing No.11/4/502 with exclusive rights over the first floor and terrace. The second plaintiff executed gift deed in his favour on 11/8/2008 out of love and affection as she is issueless and from the childhood the second plaintiff was taking care of him and he has been residing with her and it is known to the relatives and neighbours. The first plaintiff was never adopted by the second plaintiff. The father of the first plaintiff has not given him in adoption to the second plaintiff. He came to know about the registered gift settlement deed only when he received legal notice on 13/5/2011. The second plaintiff is a retired Government employee and is in old age suffering from health ailments and her physical and mental condition was not fit and taking undue advantage of the same, the first plaintiff brought up the gift settlement deed and adoption deed with an intention to grab the property.