NAEEM AHMED vs SHEEBA MEHFOOZ

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 01.12.2025 Judgment pronounced on: 04.12.2025 + FAO 400/2024 & CM APPL. 75311/2024 NAEEM AHMED .....Appellant Through: Mr. Baban Kr. Sharma, Adv. versus SHEEBA MEHFOOZ .....Respondent Through: Mr. Gaurav and Ms. Mumtaj, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (the CPC), has been filed by the appellant/plaintiff challenging the order dated 19.10.2024 in CS No. 3294/2024 on the file of learned District Judge-07, South-East District, Saket Courts, Delhi, whereby his application filed under Order XXIX Rule 1 and 2 CPC has been dismissed. The parties in Signature Not Verified FAO 400/2024 Page 1 of 7 Signed By:KOMAL DHAWAN Signing Date:04.12.2025 11:45:26 this appeal shall be referred to as described in the original proceedings. 2. Brief facts as alleged by the plaintiff are as follows: The husband of the defendant is a close friend of the plaintiff, to whom he had lent some money. However, the defendant’s husband later on refused to return the money. Thereafter, the defendant and her husband convinced the plaintiff that he would get good returns if he invested money in Saudi Arabia where the defendant was working. Promising the plaintiff so, the defendant and her husband convinced the plaintiff to execute a gift deed in favour of the defendant. Believing the words of the defendant and her husband, the plaintiff executed a registered gift deed dated 04.02.2015 in respect of 2050 sq. yards of land out of a total of 2750 sq. yards in Khasra No. 940/534 Min, Village Madanpur Khadar, Tehsil Kalkaji, New Delhi, in favour of the defendant and 700 sq. yds in favour of his wife. Mu