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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Sambasivarao Naidu, J
Syed Mohboob Alam – Appellant
Versus
Syed Manzoor Alam – Respondent
JUDGMENT :
SAMBASIVARAO NAIDU, J.
1. Being aggrieved by the Judgment and Decree dated 29.12.2016 in O.S.No.994 of 2011 on the file of XI Additional Chief Judge, City Civil Court, Hyderabad, whereunder his suit was dismissed by the trial Court, the plaintiff in the said suit has filed this 1st civil appeal under Section 96 of Code of Civil Procedure (for short “CPC”) and sought for setting aside the impugned judgment and also prayed for a decree for partition of the suit schedule property and for cancellation of the gift deed in favour of the respondent/defendant.
2. As could be seen from the record placed before the Court, it appears that the appellant herein has filed the above referred original suit against the respondents for partition of house bearing No.16-8-933/C admeasuring 444 sq.yards at New Malakpet Hyderabad (hereinafter be referred as suit schedule property) and for cancellation of gift deeds bearing document Nos.3111/2001 and 3112/2001. According to the plaint filed by the appellant before the trial Court, it was claimed that one Smt. Kamar Sultana was the mother of parties to the suit and she was the original purchaser, owner and possessor of the suit schedule property w
In partition suits, the burden of proof lies on the party defending the validity of registered documents, and all necessary parties must be included in the suit.
A gift deed executed by a party lacking title is invalid, allowing heirs to seek partition of inherited property without needing to cancel the gift deed.
A gift under Sec. 123 of the Transfer of Property Act requires acceptance by the donee and the original gift deed must be produced to establish its validity; failure to do so undermines the claim of ....
The plaintiff must succeed on his own strength and not on the weaknesses of the defendant.
The plaintiff failed to prove joint ownership of the property or contribution to its acquisition, affirming that self-acquired property cannot be claimed as joint without evidence.
The court affirmed that unregistered gift deeds executed in favor of a family member, when substantiated by evidence, supersede claims of joint ownership based on ancestral property if no partition w....
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