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SAMBASIVARAO NAIDU
Riyazunnissa – Appellant
Versus
Mohd. Bin Salam – Respondent
JUDGMENT
SAMBASIVA RAO NAIDU, J. - This Civil Miscellaneous Appeal has been filed by the appellant who is 2nd respondent in I.A.No.667 of 2018 and 2nd defendant in O.S.No.987 of 2017 on the file of IX Additional Chief Judge, City Civil Court, Hyderabad. Being aggrieved by the Order of IX Additional Chief Judge, City Civil Court, Hyderabad in the above referred interlocutory application, dtd. 2/11/2021 whereunder the trial Court directed the parties to the suit to maintain status quo during the pendency of the suit, the petitioner/2nd respondent/defendant No.2 filed this appeal on the following grounds.
2. The trial Court without following the judgments of Hon'ble Supreme Court and various High Courts' wherein grant of status quo was deprecated passed the impugned order without defining the present state of suit schedule property. The trial Court failed to consider the certified copies of cancellation deed which was registered as document No.297 of 2006, dtd. 30/1/2006 where under the gift deed executed in favor of Mumtaz Subhani Charitable Trust, bearing document No.3125 of 2004 was cancelled and as the said cancellation was not challenged by any party, much less the trusties of the
The main legal point established in the judgment is the failure of the trial court to consider the objections raised by the appellants and give a clear finding on the status of the suit schedule prop....
The cancellation of a gift deed and subsequent proceedings must be valid, and the applicability of relevant acts and sections should be considered in property disputes.
Once a gift deed is accepted and acted upon, it cannot be unilaterally cancelled, and subsequent transactions based on such cancellation are not legally sustainable.
A unilateral cancellation of a registered gift deed without the donee's consent is void ab initio, reaffirming that rights pass to the donee upon valid execution of the gift.
The court reaffirmed the requirement of clear evidence for proving adoption and upheld the validity of a cancelled gift deed due to failure to meet stipulated conditions, emphasizing the necessity of....
A plaintiff can seek cancellation of a deed affecting their property rights even if not a party to the deed, provided they demonstrate a valid cause of action.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
The revocation of a settlement deed must be justified under the legal provisions, and the court will consider evidence and legal principles to determine the validity of such revocation.
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