HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY SECOND APPEAL No.87 of 2023

JUDGMENT:

This Second Appeal is filed challenging the judgment and decree dated 09.06.2022 passed in A.S.No.10 of 2018 on the file of Senior Civil Judge, Zaheerabad, whereunder and whereby the judgment and decree dated 30.04.2015 in O.S.No.161 of 2006 on the file of Junior Civil Judge, Zaheerabad, was confirmed.

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

3. Brief facts leading to filing of the present Second Appeal are that the plaintiff and defendant are the daughter and son of one late Minallah through his first wife. Said late Minallah was the owner and possessor of the land admeasuring to an extent of Ac.3-00 guntas in survey No.76/E, situated at Kothur-D village (hereinafter referred to as ‘suit schedule property’) and he died 10 years prior to filing of the suit. During his life time, he gifted the suit schedule property to his first wife namely Sounlee Bee on 09.04.1978 by way of oral gift and delivered possession of the suit schedule property to her on the s