THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Civil Revision Petition No.3945 of 2014
Between: M.A.Jahangir Khan And Mohd.Zahid
Dated 12th December, 2014
…Petitioner …Respondent Counsel for the petitioner: Sri K.Harish Kumar Counsel for the respondent: ---
The Court made the following:
ORDER:
This civil revision petition arises out of order, dated 14.07.2014, in I.A.No.128 of 2013 in O.S.No.231 of 2013, on the file of the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar.
I have heard Sri K.Harish Kumar, learned counsel for the petitioner, and perused the record.
The petitioner filed the above-mentioned suit for perpetual injunction restraining the respondent from interfering with his peaceful possession and enjoyment of the suit schedule property. The petitioner has also filed an application for temporary injunction against the respondents. He has pleaded that as he has become lawful owner of the property and being in possession of the same under gift deed executed by the respondent and his brother in favour of his vendor, during the hearing of the interlocutory application, he sought to rely upon the said gift deed. On the objection raised by the respondent, the lower Court has declined to receive the said document in evidence on the ground that the same is insufficiently stamped and unregistered.
The learned counsel for the petitioner submitted that the recitals in the gift deed show that already the property was gifted and possession was delivered and that a formal document was executed on 24.11.1997 in that regard.
The lower Court has, however, rejected the said plea by relying upon the following recitals:
“WHEREAS the above named donors now in good health and full senses and got fully rights, powers and having absolute authority to grant convey and assigns the said property hereby transfer is free from all taxes, sales, mortgages, gifts, encumbrances, and charges what-so-ever in respect of the schedule property.”
The learned counsel for the petitioner relied upon the following recitals in the gift deed:
“WHEREAS the above named donors are the real brothers of the donee, dye (sic:’due’) to love and affection the donors herein gifted the said property to the donee: and delivered physical possession.”
I am of the opinion that the above re-produced para is too vague and the same does not contain any details as to at what point of time, the property was gifted and the physical possession of the same was delivered. Even if the properties belong to the muslim community, unless the property is gifted by way of oral gift (Hiba), the gift deed executed in writing requires registration. The recitals on which the petitioner is seeking to rely upon do not absolve the document from being sufficiently stamped and registered. The lower Court has, therefore, rightly declined to admit the same in evidence.
The learned counsel for the petitioner has submitted that even if the document is insufficiently stamped and unregistered, the same can be relied upon for collateral purpose to prove possession. This plea does not appear to have been raised by the petitioner before the lower Court. The petitioner is, therefore, permitted to raise this plea. If such plea is raised, the lower Court shall consider the same and take an appropriate decision.
Subject to the liberty given to the petitioner as above, the civil revision petition is dismissed.
As a sequel to dismissal of the civil revision petition, C.R.P.M.P.No.5380 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 12th December, 2014
VGB