IN THE HIGH COURT OF JHARKHAND AT RANCHI

F. A. No. 130 of 2010

Jamaluddin Khan S/o. Amanullah Khan R/o. Village Kuju,

PS Mandu, P.O Kuju, District: Hazaribagh (New Ramgarh)

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Defendant/Appellant

Versus

1. Kamaluddin Khan

2. Jawed Akhtar Khan

Both sons of Amanullah Khan R/o. Village Kuju, PS Mandu, P.O

Kunju, District: Hazaribagh (New Ramgarh)

…

…

Plaintiffs/Respondents

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CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant

: Mr. Manjul Prasad, Senior Advocate

: Mr. Baban Prasad, Advocate

For the Respondents

: None

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15/25.04.2019

1. Heard Mr. Manjul Prasad, Senior counsel appearing on

behalf of the appellant assisted by Mr. Baban Prasad, Advocate.

2. Nobody appears on behalf of the respondents.

3. This appeal has been filed against the judgment and decree

dated 30.03.2010 (Decree sealed and signed on 30.04.2010)

passed by learned Sub-Judge-VI Hazaribagh in Partition Suit

No. 184 of 2007, the defendant is the appellant before this

Court.

4. This suit was filed by the plaintiffs for a preliminary decree

for partition amounting to 2/3^rd share of the property as

described in the schedule to the plaint. It has also been prayed

to restrain the defendant from alienating any property with

anyone else. The plaintiffs and the defendants are full brothers.

5. The counsel for the appellant submits that the suit land was

the

property

covered

by

registered

gift

deed

dated

03.10.1983.The counsel further submits that the said registered

gift deed dated 03.10.1983 stands jointly in the name of the

plaintiffs and the defendant and it is the specific case of the

defendant that the gift deed is valid only to the extent it relates

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to the defendant and is invalid to the extent it relates to the

plaintiffs.

6. Counsel for the appellant submits that he is confining his

argument only on the point regarding the legality and validity

of the gift deed involved in this case. He submits that whatever

narrations in connection with oral and documentary evidences

have been recorded in the impugned judgment are correct and

accordingly, he is not referring to the oral and documentary

evidences which are on record.

7. The counsel for the appellant submits that the case of the

plaintiffs was that the plaintiffs and defendant are Muslim by

religion and guided by the Hanafi branch of Muslim Law. The

plaintiffs as well as the defendant are sons of Amanullah Khan

and Sogra Khatoon. The mother of the plaintiffs and defendant,

namely, Sogra Khatoon, is the only child of her parents, namely,

Razaur Rahman Khan and Shahmul Nisha. Shahmul Nisha was

owner of several plots of lands situated at various places in the

District of Saran (Bihar) as well as at village Kuju, P.S. Mandu,

District- Ramgarh. Said Shahmul Nisha out of love and

affection gifted the entire plots of land with house built over

some of the plots owned and possessed by her to plaintiffs

along with the defendant of the present suit, which was

registered on 03.10.83 at the Office of District Sub-Registrar at

Saran and she put the donees in joint possession over the entire

gifted property and since then plaintiffs and defendant are in

joint possession over the gifted property and this fact is

substantiated by the two sale deeds executed jointly by the

plaintiffs and the defendant on 09.08.89 and 04.10.94 at the

Office of Sub Registrar, Saran with respect to part of gifted

property situated in Saran in favor of Rojadin Mian and Alisher

Mian. In the said gift deed executed on 03.10.83 lands

measuring an area of 09 decimals situated at Village-Kuju had

been left out, however vide a registered gift deed executed on

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06.12.99 bearing gift deed No. 6698, the grandfather of the

plaintiffs and the defendant gifted said left out Plot of land

along with other left out area of land to these plaintif