IMPORTANT POINT
The court established that a registered gift deed provides prima facie evidence of title and possession, which must be protected until the validity of competing claims is resolved.

ORDER :

Assailing the order dated 21.11.2023 in CMA No.42/2022 passed by learned XII Additional District Judge, Visakhapatnam allowing the CMA filed by the plaintiffs and granting temporary injunction in favour of plaintiffs by setting aside the order dated 28.07.2022 in I.A.No.74/2021 in O.S.No.491/2021 passed by learned I Additional Junior Civil Judge, Visakhapatnam, the defendants filed the instant C.R.P.

2. The parties for convenience are referred to as they stood in O.S.No.491/2021.

3. The matrix of the case is thus:

(a) The plaintiff Nos.1 and 2 in O.S.No.491/2021 are mother and son. The defendants 1 to 4 are the brothers of 1st plaintiff. Plaintiffs sought for permanent injunction against the defendants in respect of petition schedule property situated at Visakhapatnam which is ground floor constructed in an extent of 522 Sq. Yds. The plaintiffs’ case is that, the 1st plaintiff and defendants are the children of Inala Bapanaiah who worked as Additional Superintendent of Police in CBI at Visakhapatnam and retired in the year 1985. He expired on 20.08.2016 and his wife Narayanamma and also passed away on 20.06.2020. Bapanaiah was the absolute owner of vacant site in an extent of 522 Sq. Yds. purchased under sale deed bearing document No.12131/1983, dt.12.10.1983. Himself and 1st plaintiff have constructed ground floor, first floor and shop-rooms in the ground floor in the said vacant site. Bapanaiah was paying tax during his lifetime. After retirement, Bapanaiah lived along with his wife in the plaint schedule property. His sons i.e., defendants did not take care of their parents and the relationship between the defendants and their parents was never smooth. The 1st plaintiff was taking great care of her parents and looked after their needs. The plaintiffs stayed in the petition schedule property from 1988 to 2000 and then shifted to Lawson’s Bay Colony and stayed there from 2000 to 2014. Again in 2014 the plaintiffs shifted to the plaint schedule property. While so, Bapanaiah executed a registered gift deed bearing document No.4063/2016, dt.14.06.2016 in favour of the 1st plaintiff whereunder entire plaint schedule property comprising ground, first floor, terrace and shop-rooms in the ground floor was conveyed in favour of the 1st plaintiff out of love and affection. The 1st plaintiff acted upon the said gift deed and from then the 1st plaintiff became the absolute owner of the property covered by the gift deed. The plaint schedule property which is ground floor is the part of gift property.

(b) While so, after one month of execution of the gift deed the health condition of Bapanaiah deteriorated and he was diagnosed with Alzheimer’s disease which degenerated the brain condition. His wife’s condition was also deteriorated. Both of them were admitted in the hospitals, subsequently they passed away as stated supra. After death of Bapanaiah, the 1st defendant acting as GPA holder on behalf of his mother got filed O.S.No.495/2016 on the file of VII Additional District Judge, Visakhapatnam for cancellation of the gift deed dt.14.06.2016 with all false averments. The GPA was obtained from Narayanamma while she was bed ridden and not in a conscious state. The defendants have fabricated an unregistered will dated 10.08.2016 alleging that it was executed by their father Bapanaiah, wherein the gift deed was cancelled. The defendants thus started claiming right over the plaint schedule property by virtue of the unregistered will. The said will is a fabricated document. By the date of the alleged will, Bapanaiah was suffering with Alzheimer’s disease and he could not have executed the said will. The defendants harassed the 1st plaintiff and her husband by giving a false complaint dated 08.08.2016 in MVP Police Station through their father Bapanaiah and police after enquiry found the allegations were false and issued a final report. Not satisfied, the defendants filed O.S.No.762/2020 on the file of I Additional Junior Civil Judge, Visakha