The court upheld the validity of the gift deed, finding no evidence of fraud or coercion in its execution.

JUDGMENT :

1. This is an appeal filed by the appellant, being aggrieved by the judgment and decree, dated 05.11.2018 passed in O.S.No.93 of 2009 by the learned XX Additional Chief Judge, City Civil Court, Secunderabad (for short “the trial Court”).

2. The appellant herein is the plaintiff and the respondent is the defendant before the trial Court. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The case of the plaintiff before the trial Court is that she is the absolute owner and possessor of the house bearing No.11-2- 105/A (old 11-2-105) admeasuring 75.55 Sq.yards, situated at Mylargadda, Secunderabad having purchased the same from her vendor Sri K.Satyanarayana for a valuable sale consideration by way of a registered sale deed vide document bearing No.2247 of 1995, dated 26.09.1995. It is further averred by the plaintiff that during the month of June, 2000, she performed the marriage of her only daughter and to perform the said marriage she had availed a hand loan of Rs.1,00,000/- from the defendant who is none other than her own sister and that the plaintiff promised to repay the hand loan as soon as she can. For advancing the said hand loan, the defendant had insisted for a simple mortgage deed to be executed and that there was no delivery of the original sale deed standing in favour of the plaintiff and there was no actual delivery of possession. Having left with no other option the plaintiff had executed a mortgage deed which was not registered, but was notarized and that the defendant retained the original copy. Subsequently, in July, 2001 the defendant informed the plaintiff that she wanted the notarized mortgage deed to be registered and for that purpose the defendant took the plaintiff to the registrar office and obtained her thumb impression on some papers and that the plaintiff was informed that they pertain to the mortgage deed which was earlier executed between them and that since the plaintiff is an illiterate, she had no knowledge regarding the nature of documents and thus, she has affixed her thumb impression on the papers at the insistence of defendant. The plaintiff was under the bonafide belief that the papers pertain to mortgage deed and during the month of October 2003, the plaintiff repaid the hand loan of Rs.1,00,000/- to the defendant and requested her to execute a cancellation deed cancelling the registered mortgage deed and the defendant started postponing the matter and started avoiding the plaintiff and has not come forward for cancelling the mortgage deed. While so, the defendant had filed a suit vide O.S.No.916 of 2008 and I.A.No.1271 of 2008 in November 2008, seeking injunction against the plaintiff and her children alleging that she is the owner of the schedule property and that she has got the said property through a registered Gift Deed alleged to have been executed by the plaintiff conveying 50 Sq.yards and that the plaintiff and her children were allegedly interfering with the peaceful possession of the defendant. Then the plaintiff gained knowledge that the defendant has cheated her and made her to execute a gift deed in her favour under the guise of mortgage deed and the plaintiff being an illiterate is not even aware of the recitals of the Gift Deed. It is submitted by the plaintiff that she never entertained any intention of gifting the property to anyone and that the said gift deed was executed by playing fraud on her and that it is forged document. It is further averred that the plaintiff has five sons who stayed with her alo