REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1573 OF 2009

[Arising out of Special Leave Petition (Civil) No. 24819 of 2008]

ABDUL RAHIM & ORS.

… APPELLANTS

VERSUS

SK. ABDUL ZABAR & ORS.

… RESPONDENTS

J U D G M E N T

S.B. Sinha, J.

1.

Leave granted

2.

Interpretation and/or application of the Islamic Law on Gift vis-à-vis

handing over of possession of the property gifted is the question involved in

this appeal. It arises out of a judgment and order dated 30.6.2008 passed by

the High Court of Orissa at Cuttack in First Appeal No. 197 of 1982

whereby and whereunder the First Appeal filed by the respondent No.1 -

plaintiff’s has been allowed decreeing the suit.

3.

Indisputably, the properties in question belonged to one Haji Sk.

Abdullah. He had two sons and four daughters. Respondent No.1 –

plaintiff was his elder son; whereas Abdul Razak (‘Razak’) (since

deceased), father of appellants, was the younger son. His daughters were

married. He gifted some lands in favour of his daughters in 1960. They in

turn relinquished their rights in his properties. He executed a registered

deed of gift in favour of Ra