N. SAILESH PRASAD Vs. SURYA DEVELOPERS AND PROMOTERS

JUDGEMENT

(1.) This appeal is filed under Section 96 of the Civil Procedure Code challenging the order dt.02.05.2019 in I.A. No.108 of 2019 rejecting the plaint presented by the appellant/plaintiff in O.S. No.537 of 2018 on the file of II Additional District Judge, Ranga Reddy District at L.B. Nagar. The appellant's plea in the plaint

(2.) In the plaint, the appellant had contended that he was born on 02.1.1999 and attained majority on 02.1.2017; that the suit schedule property was gifted to him by his paternal grand mother/1st respondent/1st defendant through a registered deed of gift dt.13.02.2003, when he was four years old, out of love and affection for him; that the document recited that possession was given to the appellant/plaintiff; that it was an absolute gift of immovable property to him with absolute rights and that the said gift was revoked on 10.12.2004 by 1st respondent which was impermissible under law.

(3.) He contended that the 1st respondent then executed a Development Agreement-cum-GPA in favour of 2nd respondent/2nd defendant on 18.01.2008 conferring on the 2nd respondent rights in respect of the suit schedule property of which the appellant was the owner, including the right to develop the said property and the said document was totally invalid and ineffective, since the 1st respondent had no right in the property on the date of its execution.