Legal Question in Civil Litigation in India

sir,

my name is syed ahamed alisha. my religion is muslim and i am the resident of pithapuram, east godavari disttt. andhra pradesh state. before going to explain my case, i have to explain my story in brief.

i was born during 1966 and during 1967 my mother expired. due to which, my uncle brought up me till i am getting the age of 1987. during the period of my adoption, i was given a house as gift deed which was registered in pithapuram registered office. that house has been in my occupation till date.

my uncles (elder and youger brothers of my adopted father) has filed a suit against me in pithapuram munsif court that the gift deed given by adopted father is invalid as there is no adoption in muslim law. i also filed the counter affidavit in pithapuram munsif court and judgement has been given by Sub-judge of pithapuram munsif court in favour of me and i won the case during 1998. then and there my uncles have appealed to distt. court Rajahmundry and the appealed was allowed and case was won by my uncles during 2003 and clearly stated in judgement order that house should be handed over to my uncles.

then i immediately i approached to high court of andhra pradesh and i obtained stay order till the finalisation of case during 2003. now my uncles (both brothers of my adopted father) have expired. but my uncles son's have not approached to high court to vacate the stay order.

please give advise to following points.

i) is there any chance to appeal to supreme court New Delhi if i lost the case in high court Hyderabad.

ii) in my case i have proper registered documents. but opposition party has not have any registered documents. in judgement order, judge clearly stated that my regd.document has made by hook or crook.

iii) i have been paid house tax from 1991 to till date. But they do not paid any thing till date. so is there any chances to get owner ship rights on my property as i have paid house tax continuously since 1991 to till date.


Asked on 3/02/11, 8:58 pm

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You have a fit case to be challenged before Supreme Court if you loose in High Court . I feel that chances of winning in High Court are quite strong . So enjoy the stay granted by the High Court.

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Answered on 3/02/11, 10:21 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the most important thing that is missing in your query is the nature of property. whether the property was self acquired by the executor of gift deed or was it a part of joint family property. in case it is a joint family property and is unpartitioned, you may have a weak case and in case it is self acquired, you are on stronger footing. needless to mention that whosoever loses in high court, has a right to file an SLP in supreme court.

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Answered on 3/02/11, 11:40 pm


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