JUDGMENT :

1. Feeling aggrieved and dissatisfied with the Judgment and Decree dt.22.06.2000 in O.S. No.95 of 1995 passed by the Principal Senior Civil Judge, Tenali (for short “the trial court”) by which the suit is decreed for recovery of possession and mesne profits, the defendants therein have preferred the present appeal.

2. For convenience, the parties will hereinafter be referred to as arrayed in the suit.

3. The plaintiff filed a suit seeking recovery of possession and mesne profits. In the nutshell, the averments in the plaint are to the affect that, the plaintiff is the absolute owner of the plant schedule property; on 27.08.1984 (in the plaint, the date of the gift deed is mistakenly mentioned as 27.08.1994), she executed a gift deed in respect of the plaint schedule property in favour of her son i.e. the first defendant, to facilitate him to take the loan from the Government. Even after the gift, the plaintiff continued in possession and enjoyment of the plaint schedule property by paying taxes. Among Muslims the gift becomes invalid if possession of property under gift deed is not delivered. The first defendant acquired no title to the plaint schedule property :

(a) On