Gift deeds executed by a person suffering from mental infirmity are void, and findings regarding the mental incapacity of a party in earlier litigation, if left unchallenged, attain finality and are binding in subsequent suits concerning the same title.

J U D G M E N T:

Aggrieved by the decree and judgment in O.S. No. 527 of 1989 on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, dated 23.08.1999, the unsuccessful defendants preferred this Appeal.

2. Parties are referred to as arrayed in the suit.

3. Undisputed facts are as follows: One Mohd. Abdulla was the original owner of the suit plot bearing No. 15 admeasuring 260 Square yards and other plots in Survey No. 7 of Abdullah Layout, Padmaraonagar, Secunderabad, under sanctioned layout vide permit No. 259/E/1960-61, dated 12.09.1960. He died on 29.01.1964 leaving behind him vast properties, his mother Sakina Bee, first wife Ameena Bee, one daughter through her by name Razia Begum, second wife Jubeda Begum and three sons and three daughters through her. Sakina Bee through her GPA Holder MA Habib filed OS No. 20 of 1967 on the file of the I Addl. Chief Judge, CCC, Secunderabad, against the wives and children of Mohd. Abdulla for administering the estate of the deceased; determination of her share and separate possession thereon. Jubeda Bee, the second wife filed IA No. 1139 of 1968 under Order 32 Rule 15 and Rule 4 read with Section 151 CPC for appointment of next friend or court guardian on the ground that Sakina Bee is of unsound mind. The Court, by order dated 25.03.1969, held that since Sakina Bee is unable to protect the properties because of mental infirmity; she should be represented by the next friend. The said suit was dismissed on 10.07.1970 as settled out of court. Sakina Bee died in 1972.

3.1. M.A. Habeeb, GPA Holder of Sakina Bee filed OS No. 313 of 1972 on the file of the V Asst. Judge, City Civil Courts, Hyderabad, against Jubeda Bee and others for perpetual injunction in respect of the property including the present suit schedule property. During pendency of the said suit, MA Habeed died and his Legal Representatives prosecuted the suit. The learned Judge, by order dated 10.03.1977, returned the plaint for want of pecuniary jurisdiction. However, the plaint was not re-presented. Jubeda Bee and others filed OS No. 353 of 1980 (renumbered as OS No. 455 of 1983) on the file of the Addl. Chief Judge, City Civil Courts, Secunderabad, against the Legal Representatives of MA Habib seeking declaration of two gift deeds dated 08.11.1971 and 09.11.1971 alleged to have been executed in favour of MA Habeeb by Sakina Bee as void and not binding on plaintiffs and for perpetual injunction. The learned Judge holding that the said gift deeds are vitiated by undue influence, dismissed the suit since relief of possession is not sought, by judgment dated 24.03.1988.

3.2. Ameena Bee, the first wife of late Md. Abdulla and her daughter filed OS No. 101 of 1976 against Jubeda Bee and her children for partition. The suit ended in compromise and Jubeda Bee and children were given some properties including the suit schedule properties. Plaintiff purchased the suit schedule property by a registered sale deed dated 10.04.1978 from Jubeda Bee and her children. The 1st defendant obtained registered sale deed dated 25.03.1977 in respect of same suit schedule property and filed OS No. 1515 of 1978 on the file of the I Assistant Judge, City Civil Courts, Secunderabad for perpetual injunction against plaintiff and obtained decree on 22.07.1982. AS No. 388 of 1982 and the Second Appeal preferred by plaintiff were dismissed on 18.07.1983 and 22.06.1984, respectively.

3.3. The 2nd defendant obtained a registered sale deed dated 18.08.1988 from the 1st defendant in respect of a portion of the suit schedule property in an extent of 130 Sq.Yds.

4. On behalf of plaintiffs, PWs. 1 to 3 and on behalf of defendant