Back
J. C. DOSHI
Mahebubbhai Shabanbhai Lakhani – Appellant
Versus
Nishaben Firozbhai Budhwani – Respondent
JUDGMENT (ORAL)
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.
2. For convenience, the parties are referred to their original status i.e. plaintiff and defendant.
3. The brief facts of the case leading to filing of Second Appeal are as under:-
3.1 The plaintiff and defendant are real brother and sister. The plaintiff is residing at Talaja, Dist: Bhavnagar and respondent is residing with her family at Rajkot. The plaintiff is a Insurance Agent by profession.
3.2 That the Karimabad Co Opp. Housing Society, Talaja launched a residential scheme in the year of 1995 on the land bearing revenu
Registered instrument carry presumption of its genuineness.
Validity of a gift deed requires timely challenge; failure to sue within limitation bars claims regardless of informal agreements.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
