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DWARKADHISH BANSAL
Hazara Bi Smt. (Dead) – Appellant
Versus
Abdul Karim – Respondent
JUDGMENT
1. This second appeal has been preferred by the appellants/plaintiffs challenging the judgment and decree dated 02.11.2000 passed by Additional District Judge, Sohagpur to the Court of District Judge, Hoshangabad in Civil Appeal No.3-A/1999 whereby reversing the findings on issue No.1,2,4&6 recorded in judgment and decree dated 23.12.1998 passed by Civil Judge ClassI, Pipariya, Camp Pachmadhi in Civil Suit No.3-A/97.
2. In short the facts are that the original plaintiff-Noor Mohd. (whose descendants are the appellants) instituted a suit for eviction and recovery of arrears of rent on the grounds available under section 12(1)(a)(e)&(g) of the M.P. Accommodation Control Act, 1961 (in short ‘the Act’) on the allegations that the original owner of the suit property was Abdul Aziz who in the year 1947 gifted the suit property orally to the plaintiff-Noor Mohammad. On the basis of oral gift, the plaintiff instituted Civil Suit which vide judgment and decree dated 25.9.1982 (Ex.D/2) was dismissed holding the gift to be not proved, which attained finality due to dismissal of plaintiff’s appeal vide judgment and decree dated 21.2.1984 (Ex.D/3). It is alleged that thereafter Abdul Az
Registered instrument carry presumption of its genuineness.
The validity of a registered gift deed does not require consideration, as long as possession is delivered, confirming property rights to the donee.
Validity of a gift deed requires timely challenge; failure to sue within limitation bars claims regardless of informal agreements.
The principle of Res Judicata bars a party from relitigating a matter that has already been decided by a court of competent jurisdiction.
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
(1) Mohammedan Law – Gift (Hiba) – For a valid gift declaration by donor is must – A gift cannot be implied.(2) Amendment of plaint – It is always open to court to allow an amendment if it is of the ....
Under the proviso, the Court should be "satisfied" that the case involves a "substantial question of law" and not a mere "question of law
The absence of essential elements for a valid gift deed under Mohammedan law led to the dismissal of the suit due to limitations.
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