Subhan Saheb vs Suriya Bee
2022 Latest Caselaw 1492 AP

                           HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:       S.A.No.144 of 2022
                              PROCEEDING SHEET
Sl.N      Date                            ORDER                        OFFICE
 o.                                                                     NOTE




       25.03.2022 BSB, J


                      Heard learned counsel for the appellants.
                      The suit is filed for declaration of title and
                  recovery of possession. The defendants set up
                  their case based on unregistered gift deed and
                  the defendants are miscellaneous.      Basing on
                  the decision of the Supreme Court in the case of
                  Hafeeza Bibi and others Vs. Shaik Farid (dead)
                  by LRs and others (2011) 5 SCC 654, the first
                  appellate court upheld the evidence under
                  Ex.B1.
                      Having aggrieved by the same, apart from
                  the other following substantial questions of law,
                  the appellants herein mainly lay their stress on
                  the admissibility of Ex.B.1 in evidence.
                       1. When the findings of the courts below
                           are not supported by evidence or based
                           on misconception or erroneous and
                           perverse are based only surmises the
                           judgments of lower courts are liable to
                           be vitiated.
                       2. Whether the courts below are justified
                           in dismissing the Suit /Appeal, when the
                           document, Ex.B 1, is un-registered Gift
                           Settlement Deed.
                       3. When gift deed is in writing, under Sec.
                           123 of Transfer of property Act, it must
                           be by way of a registered document. In
                           the absence of registration of the gift
                           settlement      deed,    whether     the
            defendants have proved their right over
           the Plaint Schedule Property, through
           Ex.BI.
     4. Whether the plaintiffs / Appellants are
           entitled for declaration of their right
           over the Plaint Schedule Property as
           legal heirs of S.Hyder Saheb, and
           consequently for recovery of possession.
     5. Whether the Judgment of the lower
           appellate court is erroneous, perverse,
           patently   illegal   and   suffers   from
           procedural illegality.
     6. Whether the Lower Appellate Court is
           justified in dismissing the appeal, on
           erroneous findings/observations.
     7. The reasons given in the judgment of
           the lower appellate court are unsound
           and untenable.
     In such view of the matter, it is a fit case
to admit the appeal.
     ADMIT.
     Notice to respondents.

Post on 21.04.2022.

Learned counsel for the appellants is permitted to take out personal service of notice to the respondents through RPAD and file proof thereof.

_________________ B.S.BHANUMATHI,J PNV