Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GAUHATI HIGH COURT
ROBIN PHUKAN, J
NASIR UDDIN AND ANR – Appellant
Versus
RINA BEGUM AND 9 ORS – Respondent
RSA/107/2025

Advocates:
For the Appellants/Petitioners: A. Ikbal
For the Respondents:

Possession is a critical condition for gifts under Muslim Law; appeals can question lower court's adherence to such legal criteria.

Headnote:(A) Code of Civil Procedure, 1908 - Section 100 - Appeal against judgment of First Appellate Court refusing to reverse earlier decree of the Trial Court - Central question regarding Muslim Law and key condition for a gift of possession - Question of law regarding non-consideration of Section 149 raised with regard to fulfillment of conditions of gift under Muslim Law. (Paras 1, 3, 4)

(B) Muslim Law - Non-consideration of pertinent provisions in the decrees leading to question of perversity in judgments under appeal - Key legal principle regarding gift possession stressed in appellate procedure. (Paras 2, 5)

Facts of the case:
The appeal is filed against the judgment upholding prior decisions that favored the counter-claim of the defendant, raising significant queries regarding the substantive law applicable in this case.

Findings of Court:
The court will determine if the First Appellate Court's judgment suffers from lapses in law concerning gifts under Muslim law.

Issues: Whether the First Appellate Court erred in not considering the provision under Section 149 of Muslim Law, affecting the validity of a gift's conditions.

Ratio Decidendi: The court holds that the possession of the gift is a requisite condition under Muslim Law and must be adequately evaluated to assess the decree's adequacy.

Result: Appeal admitted, issue notice to the respondent.

Advocate for : MR. A IKBAL Advocate for : appearing for RINA BEGUM AND 9 ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER

08.08 .2025 Heard Mr. A. Ikbal, learned counsel for the appellants.

This second appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 06.02.2025 passed by the learned Civil Judge (Sr. Division), Nagaon, in Title Appeal No.22/2019, thereby upheld the judgment and decree dated 29.04.2019 passed in Title Suit No.121/2009 by the learned Civil Judge (Jr. Division) No.1, Nagaon, wherein the counter-claim of the defendant No.1 was allowed.

Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and decree dated 06.02.2025 passed by the learned Civil Judge (Sr. Division), Nagaon (hereinafter 'First Appellate Court') and also the judgment and decree dated 29.04.2019 passed by the learned Civil Judge (Jr. Division) No.1, Nagaon (hereinafter 'Trial Court') and also the suggested substantial questions of law.

This appeal is admitted on the following substantial question of law:-

Whether the impugned judgment and decree, so passed by the learned First Appellate Court, suffers from perversity on account of non- consideration of the provision in Section 149 of the Muslim Law, which provides that the donee must get possession from the donor as a key condition for fulfillment of the gift under Muslim Law?

The Court may also consider framing of further substantial question of law, if found necessary, at the time of hearing after notifying both the parties.

Issue notice to the respondent No.1, returnable within 4(four) weeks.

Step be taken by registered post with A/D and also by usual process within a week from today.

Registry shall call for the record from the learned Courts below.

Mr. Ikbal, learned counsel for the appellants submits that the names of respondent Nos.2—10 may be struck off from the array of this appeal, as they have not filed the counter-claim.

Thus, taking note of the submission of Mr. Ikbal, learned counsel for the appellants, the names of respondent Nos.2—10 are struck off from the array of this appeal at the cost and risk of the appellants.

List the matter after 4(four) weeks.

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GAUHATI HIGH COURTROBIN PHUKAN, JNASIR UDDIN AND ANR – AppellantVersusRINA BEGUM AND 9 ORS – RespondentRSA/107/2025

Possession is a critical condition for gifts under Muslim Law; appeals can question lower court's adherence to such legal criteria.

GAUHATI HIGH COURT
ROBIN PHUKAN, J
NASIR UDDIN AND ANR – Appellant
Versus
RINA BEGUM AND 9 ORS – Respondent
RSA/107/2025