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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Mahebubbhai Shabanbhai Lakhani – Appellant
Versus
Nishaben Firozbhai Budhwani – Respondent
| Table of Content |
|---|
| 1. nature of gift deed and familial relationships. (Para 1 , 2 , 3) |
| 2. legal arguments against the rejection of plaint. (Para 4) |
| 3. court's assessment and findings. (Para 5 , 6) |
| 4. criteria for evaluating validity and time-barred status. (Para 7 , 8 , 10 , 12 , 13) |
| 5. final ruling on the appeal. (Para 19) |
JUDGMENT :
1. This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) challenges the judgment and decree passed by the learned 3rd Additional District & Sessions Judge, Bhavnagar at Talaja in RCA No.2 of 2023, which in turn confirms the order passed by the learned 2nd Additional Civil Judge, Talaja, District: Bhavnagar, below Exhibit-18 and consequently below Exhibit-1 in RCS No.223 of 2021, by which the plaint of the appellant came to be rejected under Order VII Rule 11(d) of “the Code” on the ground that the suit challenging the execution of the gift deed is hopelessly barred by the law of limitation.
3. The brief facts of the case leading to filing of Second Appeal are as under:-
3.2 That the Karimabad Co Opp. Housing Society, Talaja launched a residential scheme in the year of 1995 on the land bearing revenue su
Validity of a gift deed requires timely challenge; failure to sue within limitation bars claims regardless of informal agreements.
Registered instrument carry presumption of its genuineness.
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
Gift deed - Rejected the plaint - Limitation - Suit is barred by limitation in view of pleadings of appellant that he came to know about gift deeds only two days prior to filing of suit as such issue....
The validity of a registered gift deed does not require consideration, as long as possession is delivered, confirming property rights to the donee.
A legal right to a permanent injunction exists to protect lawful possession from interference, irrespective of ownership claims.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
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