Proof of delivery of possession in oral gift of immovable property is a must.

2. The appeal is directed against the judgment and decree dated 24.6.1999 made in A.S.No.496 of 1985 on the file of this Court reversing the judgment and decree dated 10.7.1984 made in O.S.No.202 of 1977 on the file of the learned Subordinate Judge, Thanjavur.

3. For convenience, parties are arrayed as per their rank in the suit.

4.1. The plaintiffs 2 and 3 are grand daughters of the first plaintiff through her only daughter N.A. Ahamed Nachia and defendants 1 and 3 in the suit are the sons of the first plaintiff; the second defendant being the daughter of the first defendant is the grand daughter of the first plaintiff; and the fourth defendant is the Tamil Nadu Wakf Board, a statutory body.

4.2. The plaintiffs laid the above suit for directions to (a) the defendants to deliver possession of the suit properties to the plaintiff within a date fixed by this Hon’ble Court, failing which putting plaintiffs in possession of the same by due process of this Court; (b) the defendants to pay the suit property amount with future interest and costs; and (c) the defendants to pay future mesne profits from 1.9.1974 to 1.8.1977 at Rs.100 per month which comes to Rs.5,300 with further interest.

4.3. The suit property consists three items of which, item No.1 is the property located at door No.73, West Street, Koothanallur Village, item No.2 is vacant land touching time No.1 and item No.3 is the property located at door No.74, West Street, Koothanallur Village. They were originally door Nos.69 and 70 of West Street.

4.4. According to the plaintiffs, these properties originally belonged to the first plaintiff’s father A.M.Kader Mohaideen Rowther, who executed a settlement deed dated 7.8.1933, marked as Ex.A-3, on behalf of the first plaintiff, as per which the suit properties were admittedly allotted to the first plaintiff.

4.5. The first plaintiff was married to one Abdul Majith Rowther who died on 19.11.1969 leaving his wife, namely the first plaintiff, with one daughter namely, N.A.Ahamed Nachia and three sons, namely, Abdul Wahab (first son, who is not a party), Abdul Razak (third defendant herein, died during the pendency of suit on 10.5.1984 whose L.Rs. were not brought on record), and Abdul Rahim (first defendant herein), whose daughter, Razia Begam, is impleaded as second defendant in the suit.

4.6. The first plaintiff alleged that when her husband Abdul Mahith Rowther became ill due to cancer, they left to Madras for treatment, and during that period, the first defendant took possession of the suit property, lifted all the furnitures and took away the title deeds of various properties that were kept in that house; and adding to that, when the first plaintiff and her husband returned after treatment, they were not permitted to enter into the house. Therefore, the first plaintiff and her husband had to reside with her daughter, namely, N.A. Ahamed Nachia, who is nonetheless the mother of plaintiffs 2 and 3.

4.7. It is also alleged that when the first plaintiff attempted to take possession of the suit property, she was prevented by defendants 1 and 2 contending that item No.1 of the suit property, namely door No.73, was orally gifted to her daughter, namely the second defendant; and that item No.3, namely, door No.74, was dedicated to the Wakf Board and the same was also included in scheme Decree in O.S.No.176 of 1971 on the file of the Subordinate Judge, Thanjavur. While defendants 1 and 2 resisted the suit as above, the Wakf Board also claimed the right over item No.3 of the suit property, namely door No.74.

5.2. On behalf of the plaintiffs, 23 documents were marked as Exs.A-1 to A-23, of which, Ex.A-3 is the settlement deed dated 7.8.1933 executed by the father of the first plaintiff, A.M.Kadar Mohideen Rowther in favour of the first plaintiff, settling the property in her favour; Ex.A-4 to A-7 are demand notices and Ex.A-8 to A-16 are receipts for the payment of property tax; Ex.A-18 is the decree dated 26.