The validity of a registered gift deed does not require consideration, as long as possession is delivered, confirming property rights to the donee.

JUDGMENT :

Venuthurumalli Gopala Krishna Rao, J.

This second appeal under Section 100 of the Code of Civil Procedure is filed aggrieved against the judgment and decree, dated 29.11.2024, in A.S.No.37 of 2013, on the file of the II Additional District Judge, at Adoni, Kurnool District, confirming the judgment and decree, dated 03.06.2013, in O.S.No.111 of 2009, on the file of the Senior Civil Judge, Adoni, Kurnool District.

2. The plaintiffs initiated action in O.S.No.111 of 2009, on the file of the Senior Civil Judge, Adoni, Kurnool District, with a prayer for declaration of their right and title over the plaint schedule property and for recovery of possession, and for arrears of rent and for costs.

3. The O.S.No.111 of 2009, on the file of the Senior Civil Judge, Adoni, Kurnool District, partly decreed the suit with proportionate costs. Felt aggrieved of the same, the unsuccessful defendants in the above said suit filed the aforesaid appeal before the first appellate Court. The learned II Additional District Judge, at Adoni, Kurnool District, dismissed the appeal with costs by confirming the judgment and decree passed by the learned trial Judge. Aggrieved thereby, the defendants approached this Court by way of second appeal.

4. The appellants herein are the defendants, the respondents herein are the plaintiffs in O.S.No.111 of 2009.

5. For the sake of convenience, both parties in the second appeal will be referred to as they are arrayed in the suit O.S.No.111 of 2009.

6. The case of the plaintiffs, in brief, as set out in the plaint averments in O.S.No.111 of 2009, is as follows:

One late Haseena was the wife of Plaintiff No.1, the mother of Plaintiffs No.2 and No.3, and the daughter of Md.Shareef and the said Md.Shareef died on 23-10-2005. During his lifetime, he executed a registered gift deed dated 23-10-2004 in favour of his daughter/late Haseena, in respect of the suit schedule property and delivered possession of the same to her. The plaintiff pleaded that pursuant to the execution of the registered gift deed, late Haseena was put in possession of the suit schedule property from the date of execution of the gift deed. The plaintiff further pleaded that late Haseena died on17-01-2008, leaving behind the plaintiffs as her legal heirs and upon her death, the title to the suit schedule property devolved upon the plaintiffs by virtue of succession.

The plaintiffs further pleaded that the defendant Nos.3 to 5 attested the said registered gift deed which was executed by their father in favour of Late Haseena. The plaintiffs further pleaded that the defendant Nos.1 to 4 are the sons of Md.Shareef, defendant No.5 is his daughter, and defendant No.6 is his wife and at the time of execution of the registered gift deed, the suit schedule property had been mortgaged to Sree Mahayogi Lakshmamma Co- operative Town Bank, Adoni, when late Md.Shareef expressed his intention to execute the registered gift deed in favour of late Haseena, the plaintiff No.1 discharged the mortgage debt owed to the said Bank, wherein the payment was made by plaintiff No.1 by way of cheque to the said Bank. The plaintiffs further pleaded that after the demise of Haseena, plaintiff No.1 got his name mutated in the municipal revenue records in respect of the suit schedule property and has been regularly paying the municipal taxes and the plaintiff No.1 also cleared the arrears of municipa