2022 CLC 513

2022 CLC 513
It is noticed that the petitioners have allegedly been deprived of their legitimate right of inheritance through alleged gift deeds and it is the case of the petitioners built in their plaint that they got the information about transfer of the properties in January, 2015 when they obtained Fard Malkiyat from the revenue officer, therefore, question of limitation being a mixed question of fact and law will be determined by the learned trial Court after recording evidence at the time of final adjudication. Regarding the purported gift deeds through which the properties had been allowed to be transferred in favour of the defendant had also been alleged by the plaintiffs in their plaint as forged and fabricated documents. In such eventuality, this Court is of the view that in case of denial by petitioners in witness box, onus will be on respondent to prove gift deeds coupled with the circumstances warranting exclusion of the petitioners from inheritance as it is well settled law that beneficiary is under legal obligation to prove the validity of the transaction particularly where females have been deprived from their legitimate rights of inheritance through purported gift deeds, therefore, petitioners would suffer irreparable loss if disputed property is further transferred by the respondent and in such eventuality they will face inconvenience for multiplicity of litigation. Therefore, it is evident that the necessary ingredients for grant of relief under Order XXXIX rules 1 & 2, C.P.C., i.e. existence of an arguable case, apprehension of an irreparable loss and balance of inconvenience exist in favour of the petitioners.