Full Judgment Text
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 603 OF 2009
Rasheeda Khatoon (D)
Through LRs.
...Appellants
Versus
Ashiq Ali s/o of Lt. Abu Mohd (D)
Through LRs.
..Respondents
WITH
CIVIL APPEAL NO. 564 OF 2009
J U D G M E N T
Dipak Misra, J.
JUDGMENT
Rasheeda Khatoon, the predecessor-in-interest of
present appellants, instituted regular suit No. 31 of 1975 in
the Court of Civil Judge, Faizabad, seeking recovery of
possession from the original defendants. The case of original
plaintiff before the trial Court was that one Abdul Haq was
the owner of the house No. 2868 situated in Mohalla Hayat
Ganj in Tanda, District Faizabad. The only son of Abdul Haq
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2
had shifted to Pakistan at the time of Partition and there was
no one to look after him. The father of Rasheeda Khatoon,
Hazi Madari, was a close friend of Abdul Haq, and being a
neighbour, she was looking after him for last 20 years till
24.01.1972 when he breathed his last at the ripe age of
ninety. Regard being had to various aspects and fruther
being pleased with her services, 7 years prior to the
institution of the suit he made an oral gift of the suit house in
her favour which was accepted by her and possession of the
house was also handed over. Pursuant to the oral gift she
lived in the premises in question and looked after him. The
tenants who had been staying in the southern portion of the
house, accepted her status and started paying rent to her.
Prior to a year of his death being apprehensive that some
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others might disturb in her possession, he executed a deed of
gift in writing evidencing the oral gift made earlier in favour
of the plaintiff. As pleaded, within one month from the death
of Abdul Haq, the defendants dishonestly moved an
application under Section 145 CrPC before the SDM, Tanda
with an intention to evict the plaintiff and in the said
proceeding the property in question was attached, and all
these circumstances constrained the plaintiff to file the civil
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suit for declaration that she was the owner in possession of
the house in question. During the pendency of the suit, as
alleged, the defendants took over possession in pursuance of
the release order passed by the SDM on 12.4.1975 and
thereafter the plaintiff amended the plaint and sought the
relief of recovery of possession.
2. The defendants entered contest and took various pleas
to the effect that the suit was under-valued and the court fee
that was paid was not sufficient; that Abdul Haq was in
possession of the house till his death and never parted
possession; that there was no oral gift as asserted by the
plaintiff; that Khairulnisha, Kamrulnisha alias Kumul and
Janharulnisha were the daughters of Abdul Haq; that
Khairulnisha died during the life time of Abdul Haq and her
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sons Mohd. Ayub, Moyuddin, Mohd. Yasin, Sagir Ahmad and
Bashir Ahmad were alive; that the defendant No.1 is the son
of Jauharulnisha; that Abdul Haq died leaving behind
Kamarulnisha, Jauharulnisha and sons of Khairulnisha as his
legal heirs and they had become the owners; that during life
time Abdul Haq had given certain properties to the son of the
defendant No.2; and that after the death of Abdul Haq
defendant No.2 had constructed a shop with the permission
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of the defendant No.1 on the condition that the shop shall be
let-out to him. It was also asseverated that Jauhirulnissa had
executed a sale deed on 8.3.1972 and Usman and Rauf
executed a sale deed on 31.3.1972 in respect of the suit
house in favour of the defendant Nos. 2 and 3 and since then
the defendants no.2 and 3 had become the owners in
possession; that the proceeding initiated under Section 145,
CrPC was eventually decided in favour of the defendants; and
that the plaintiff had no right, title and interest over the suit
house; and that the defendants are the owners in possession
of the suit property.
3. On the basis of the aforesaid pleadings, the learned
trial Judge framed the following issues:-
“1. Whether plaintiff is owner of the disputed
house as claimed in plaint?
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2. Whether defendant Nos. 1 to 3 are the owners
of the disputed house as claimed in their written
statement?
3. Whether there has been an oral gift and
subsequent writing evidencing this gift in favour
of the plaintiff by Abdul Haq on 9.10.1970 as
alleged in the plaint?
4. Whether suit is under-valued and deficient in
suit fees?
5. Whether suit is not maintainable, as alleged in
para no. 29 of the W.S.?
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6. Whether suit is barred by Section 34 of Specific
Relief Act?
7. To what relief, if any, is the plaintiff entitled in
the case?”
4. The learned trial Judge on appreciation of the evidence
brought on record came to hold that the plaintiff had proved
the oral gift executed by Abdul Haq in her favour; that the
gift deed did not require registration; that the deed of gift
could not be ignored solely because it was not registered
when it had demonstrably been established by the oral and
documentary evidence that Abdul Haq had made a gift in
favour of the plaintiff and had put her in possession; and that
she was the owner of the suit premises and entitled to get
back possession. Being of the said view, the trial court
decreed the suit.
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5. Being dissatisfied with the said judgment and decree,
the defendants preferred Civil Appeal No. 435 of 1978 and
the first appellate court concurring with the view of the trial
court as regards the character and the nature of instrument,
that it is an oral gift, based its conclusions on the premises
that the contents of the document showed that the ‘Hiba’
had already been accepted by Rashida Kahtoon before the
deed was executed; that the document was only an evidence
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of the oral gift which had been made earlier by Abdul Haq in
favour of the plaintiff; that the stand of the defendants-
appellants that the document could not be read in evidence
because it was not registered was bereft of any substance in
view of the language employed in Section 129 of the Transfer
of Property Act (for brevity ‘the Act’) which lays down that
Section 123 of the Act which mandates registration in case of
a gift of an immovable property does not apply to any gift
made under the Muhammadan Law and a Muhammadan
could make an oral gift of immovable property and if a
Muhammadan prepares a document relating to gift such deed
of gift continues to be an evidence of gift. To arrive at the
aforesaid conclusions the first appellate court placed reliance
1
upon the authorities in Karam Ilahi v. Sharfuddin , Nasib
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2 3
Ali v. Wajid Ali , Bishwanath Gosain v. Dulhin Lalmani
4
and Boya Ganganna v. State of Andhra Pradesh .
6. The aforesaid Judgment and decree passed by the first
appellate court was assailed in second appeal and the
learned Single Judge taking note of the substantial question
of law opined that the core issue was whether the document
in question is a deed of gift or it evidences the oral gift. The
1
AIR 1916 All 351
2
AIR 1927 Cal 197
3
AIR 1968 Pat 481
4
AIR 1976 SC 1541
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7
learned Single Judge was of the view that if it was accepted
as an evidence of the oral gift it did not require registration
and if it is interpreted otherwise, it required registration. He
referred to certain provisions of the Act and Section 17 of the
Registration Act and, thereafter, scrutinized the contents of
the instrument in question and came to hold that the
document in question makes it clear that up to the date of
execution of gift deed no gift was made; that the executant
of the deed was in possession of the house; that the deed
transferred the property in favour of Rasheeda Khatoon in
praesenti; and that it is clear from the language employed in
the gift deed that the executant had not delivered possession
to the donee. Being of this view, he came to hold that both
the courts below had misread the deed dated 9.10.1970
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executed by Abdul Haq and treated it to be an oral gift
though it was a document under which transfer was made
and, therefore, it was compulsorily registrable and
accordingly, allowed the appeal. Hence, the present appeal
by special leave.
7. We have heard Mr. Fakhruddin, learned senior counsel
for the appellant and Mr. A. G. Chaudhary, learned senior
counsel for the respondents.
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8. The gravamen of the controversy as is demonstrable
pertains to is the nature and character of the document
executed by Abdul Haq in favour of Rasheeda Khatoon, the
predecessor-in-interest of the appellants. Before we keenly
scrutinize the document, we think it necessary to refer to
certain authorities in the field that have dealt with the
concept of oral gift in Muhammadan Law. In this context
Sections 123 and 129 of the Transfer of Property Act have to
be taken note of. Section 123 of the Act stipulates that for
the purpose of making a gift of immovable property, the
transfer must be effected by a registered instrument signed
by or on behalf of the donor, and attested by at least two
witnesses. Section 129 provides for savings of donations
mortis causa and the gifts made under the Muhammadan
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Law. It is clear from the said provision that the Chapter
relating to gifts including registration would not effect any
rule of Muhammadan Law.
9. In Karam Ilahi (supra) it has been held as follows:-
“It is admitted that a Muhammadan may make
an oral gift provided that possession follows. It
seems to us quite clear that the provisions of
Section 123 are inapplicable to gifts made by
Muhammadans and valid according to their law.
It is quite clear that the Legislature had in its
mind the provisions of Section 123 when
enacting Section 129. Section 123 is specifically
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referred to in Section 129. The deed of gift is
admissible to prove that a gift was made.”
10. In Nasib Ali (supra) Suhrawardy, J. referred to
5
Kamarunnissa Bibi v. Hussaini Bibi and Karam Ilahi
(supra) and came to hold that the essentials of a gift under
the Muhammadan Law are a declaration of ‘hiba’ by the
donor, an acceptance, express or implied, of the gift by the
donee, and delivery of possession of the property, the
subject-matter of the gift, according to its nature. A simple
gift can only be made by going through the above formalities
and no written instrument is required. In fact no writing is
necessary to validate a gift and if a gift is made by a written
instrument without delivery of possession, it is invalid, in law.
Thereafter, the learned judge stated thus:-
“The position under the Mohammadan Law is
this: that a gift in order to be valid must be
made in accordance with the forms stated
above; and even if it is evidenced by writing,
unless all the essential forms are observed, it is
not valid according to law. That being so, a
deed of gift executed by a Mohammadan is not
the instrument effecting, creating or making the
gift but a mere piece of evidence. It may so
happen after a lapse of time that the evidence
of the observance of the above forms might not
be forthcoming, so it is sometimes thought
prudent to reduce the fact that a gift has been
made into writing. Such writing is not a
document of title but is a piece of evidence. ”
JUDGMENT
5
(1880) 3 All 266
Page 9
10
6
11. In Mahboob Sahab v. Syed Ismail and Others a
two-Judge Bench referred to Section 147 of the Principles of
Mahomedan Law by Mulla wherein the essentials of valid gift
under the Muhammadan Law have been elucidated and
proceeded to explicate the principle. We think the
reproduction of the relevant passage would be seemly:-
“Under Section 147 of the Principles of
th
Mahomedan Law , by Mulla, 19 Edn., edited by
Chief Justice M. Hidayatullah, envisages that
writing is not essential to the
validity of a gift
either of moveable or of immovable property.
Section 148 requires that it is essential to the
validity of a gift that the donor should divest
himself completely of all ownership and
dominion over the subject of the gift. Under
Section 149, three essentials to the validity of
the gift should be, (i) a declaration of gift by the
donor, (ii) acceptance of the gift, express or
implied, by or on behalf of the donee, and (iii)
delivery of possession of the subject of the gift
by the donor to the donee as mentioned in
Section 150. If these conditions are complied
with, the gift is complete. Section 150
specifically mentions that for a valid gift there
should be delivery of possession of the subject
of the gift and taking of possession of the gift by
the donee, actually or constructively. Then only
the gift is complete. Section 152 envisages that
where the donor is in possession, a gift of
immovable property of which the donor is in
actual possession is not complete unless the
donor physically departs from the premises with
all his goods and chattels, and the donee
formally enters into possession. It would, thus,
be clear that though gift by a Mohammedan is
not required to be in writing and consequently
need not be registered under the Registration
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6
(1995) 3 SCC 693
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Act; for a gift to be complete, there should be a
declaration of the gift by the donor; acceptance
of the gift, expressed or implied, by or on behalf
of the donee, and delivery of possession of the
property, the subject-matter of the gift by the
donor to the donee. The donee should take
delivery of the possession of that property either
actually or constructively. On proof of these
essential conditions, the gift becomes complete
and valid. In case of immovable property in the
possession of the donor, he should completely
divest himself physically of the subject of the
gift.”
[Emphasis supplied]
12. Recently in Hafeeza Bibi and Others v. Shaikh
7
Farid (Dead) by LRS. and Others a two-Judge Bench
referred to the authority in Mohd. Abdul Ghani v. Fakhr
8
Jahan Begam wherein the Privy Council had made a
reference to Muhammedan Law by Syed Ameer Ali and
approved the statement as regards the essential three
conditions for a valid gift. Thereafter, the learned Judges
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referred to Nasib Ali (supra), Assan Ravther v.
9
Manahapara Charayil and Javeda Khatun v. Moksed
10
Ali and stated the position of law thus:-
“The position is well settled, which has been
stated and restated time and again, that the
three essentials of a gift under Mohammadan
Law are: (1) declaration of the gift by the donor;
(2) acceptance of the gift by the donee; and (3)
delivery of possession. Though, the rules of
7
(2011) 5 SCC 654
8
(1921-22) 49 IA 195 : AIR 1932 PC 13
9
AIR 1972 Ker 27
10
AIR 1973 Gauhati 105
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Mohammadan Law do not make writing essential
to the validity of a gift; an oral gift fulfilling all
the three essentials makes the gift complete
and irrevocable. However, the donor may record
the transaction of gift in writing.”
13. After so stating the court referred to Asaf A.A.Fyzee
11
in Outlines of Muhammadan Law and Mulla,
12
Principles of Mahomedan Law and eventually ruled
thus:-
“In our opinion, merely because the gift is
reduced to writing by a Mohammadan instead of
it having been made orally, such writing does
not become a formal document or instrument of
gift. When a gift could be made by a
Mohammadan orally, its nature and character is
not changed because of it having been made by
a written document. What is important for a
valid gift under Mohammadan Law is that three
essential requisites must be fulfilled. The form is
immaterial. If all the three essential requisites
are satisfied constituting a valid gift, the
transaction of gift would not be rendered invalid
because it has been written on a plain piece of
paper. The distinction that if a written deed of
gift recites the factum of prior gift then such
deed is not required to be registered but when
the writing is contemporaneous with the making
of the gift, it must be registered, is inappropriate
and does not seem to us to be in conformity with
the rule of gifts in Mohammadan Law.”
JUDGMENT
[Emphasis added]
14. For a clear understanding of the conception of the valid
gift under the Muhammadan Law we think it apposite to
reproduce the passage from Mulla, Principles of
11 th
5 Edn. (edited and revised by Tahit Mahmood) at P. 182
12 th
(19 Edn.) P.120
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Mahomedan Law that has been quoted and approved in
Hafeeza Bibi (supra):-
“Under the Mahomedan law the three
essential requisites to make a gift valid are: (1)
declaration of the gift by the donor, (2)
acceptance of the gift by the donee expressly or
impliedly, and (3) delivery of possession to and
taking possession thereof by the donee actually
or constructively. No written document is
required in such a case. Section 129 of the
Transfer of Property Act excludes the rule of
Mahomedan Law from the purview of Section
123 which mandates that the gift of immovable
property must be effected by a registered
instrument as stated therein. But it cannot be
taken as a sine qua non in all cases that
whenever there is a writing about a Mahomedan
gift of immovable property there must be
registration thereof. Whether the writing
requires registration or not depends on the facts
and circumstances of each case.”
15. At this stage, it is condign to state that the two-Judge
Bench ultimately has ruled that it is not the requirement in all
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cases where the gift deed is contemporaneous to the making
of the gift then such deed must be registered under Section
17 of the Registration Act, and each case would depend on its
own facts. Be it stated, the Court did not approve the view
expressed in Govt. of Hyderbad (Deptt. of Revenue) v.
13
Tayyaba Begum , Ghulam Ahmad Sofi v. Mohd. Sidiq
14 15
Dareel , Chota Uddandu Sahib v. Masthan Bi ,
13
AIR 1962 AP 199
14
AIR 1974 J&K 59
15
AIR 1975 AP 271
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14
16
Amirkhan v. Ghouse Khan and Sunkesula Chinna
17
Budde Saheb v. Raja Subbamma .
16. From the aforesaid discussion of the propositions of
law it is discernible that a gift under the Muhammadan Law
can be an oral gift and need not be registered; that a written
instrument does not, under all circumstances require
registration; that to be a valid gift under the Muhammadan
Law three essential features namely, (i) declaration of the gift
by the donor, (ii) acceptance of the gift by the donee
expressly or impliedly, and (iii) delivery of possession either
actually or constructively to the donee, are to be satisfied;
that solely because the writing is contemporaneous of the
making of the gift deed, it does not warrant registration
under Section 17 of the Registration Act.
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17. At this juncture, it is pertinent to refer to a three-Judge
Bench decision in Valia Peedikakkandi Katheessa Umma
and others v. Pathakkalan Narayanath Kunhamu
(deceased) and after him his legal representatives and
18
others where the question arose whether a gift by a
husband to his minor wife and accepted on her behalf by her
16
(1985) 2 MLJ 136
17
(1954) 2 MLJ 113 (AP)
18
AIR 1964 SC 275
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15
mother is valid. Dealing with the concept of gift under
Muhammadan Law the Court observed that:-
“... Muhammadan Law of gifts attaches great
importance to possession or seisin of the property
gifted (Kabz-ul-Kami) especially of immovable
property. The Hedaya says that seisin in the case
of gifts is expressly ordained and Baillie (Dig
P.508) quoting from the Inayah refers to a Hadis of
the Prophet-“a gift is not valid unless possessed.”
In the Hedaya it is stated – “Gifts are rendered
valid by tender, acceptance and seisin” (p.482)
and in the Vikayah “gifts are perfected by
complete seisin” Macnaghten (202).”
After so stating the Court proceeded to lay down that it
is only actual or constructive possession that completes the
gift and registration does not cure the defect nor is a bare
declaration in the deed that possession was given to a minor
of any avail without the intervention of the guardian of the
property unless the minor has reached the years of
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discretion. It has been further opined therein that if the
property is with the donor he must divest from it and the
donee must enter upon possession. However, to that rule
there are certain exceptions which the Court took note of,
stating thus:-
“Exceptions to these strict rules which are well
recognized are gifts by the wife to the husband
and by the father to his minor child (Macnaghten,
page 51 principles 8 to 9). Later it was held that
where the donor and donee reside together an
overt act only is necessary and this rule applies
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between husband and wife. In Mahomed Sadiq Ali
Khan v. Fakhr Jahan Begum, 59 Ind App 2 : (AIR
1932 PC 13) it was held that even mutation of
names is not necessary if the deed declares that
possession is delivered and the deed is handed to
the wife.”
We have referred to this decision only to highlight the
principle that either there has to be actual delivery of
possession from the donor or the donee must be in
constructive possession to make a gift valid under the
Muhammadan Law.
18. Presently, we shall deal with the factual score. Mr.
Fakhruddin, learned senior counsel would submit that when
concurrent findings were returned that the plaintiff was in
possession on the date of execution of the gift deed as the
donee had started residing with the donor the High Court
should not have dislodged the finding of possession solely on
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the ground that the gift deed was a contemporaneous
document which required registration. Per contra, Mr.
Chaudhary, learned senior counsel would submit that both
the courts below had committed serious illegality by coming
to hold that an oral gift was made in favour of the plaintiff
seven years prior the date of execution of gift deed and
factum of the said document only evidenced the oral gift,
though there is no mention of it in the deed itself. It is urged
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by him that by no stretch of examination such a finding could
have been recorded. As we notice, the trial court as well as
the appellate court has returned a finding that there was an
earlier oral gift by Abdul Haq in favour of the original plaintiff.
The same is not reflectible from the document itself. That
apart, there is nothing else on record to support the same.
The finding of the learned trial Judge as well as the appellate
Judge is based on unwarranted inferences which are not
supported by the evidence brought on record. While not
accepting the said finding of the courts below we are also
unable to accept the conclusion of the High Court that the
document being a contemporaneous document or document
in praesenti required registration.
19. The real thrust of the matter, as we perceive, is
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whether the essential ingredients of the gift as is understood
in the Muhammadan Law have been satisfied. To elaborate,
a deed of gift solely because it is a written instrument does
not require registration. It can always be treated as a piece
of evidence evidencing the gift itself, but, a significant one,
that gift must fulfill the three essential conditions so that it
may be termed as a valid gift under the Muhammadan Law.
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20. The aforesaid being the position, we are obliged to
scrutinize the deed of gift and the material brought on
record. It has become necessitous in the instant case as the
original and the first appellate court have recorded findings
which are contrary to material brought on record and the
High Court has proceeded exclusively on the concept of a
deed in praesenti . Be it stated, this Court in exercise of
power under Article 136 of the Constitution can interfere with
the concurrent findings of fact, if the conclusions recorded on
certain factual aspects are manifestly perverse or
unsupported by the evidence on record. It has been so held
19
in Alamelu & Another v. State , Heinz India (P) Ltd.
20
and Another v. State of U.P. and Others and
Vishwanath Agrawal s/o Sitaram Agrawal v. Sarla
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21
Vishwanath Agrawal.
21. In this backdrop we proceed to scan the gift deed. On
a perusal of the gift deed it is manifest that Abdul Haq had
declared therein that he had always been the owner in
possession and the entire house was in his exclusive
ownership and possession and free from all encumbrances.
Thus, the said recital belies the case of the plaintiff that there
19
(2011) 2 SCC 385
20
(2012) 5 SCC 443
21
(2012) 7 SCC 288
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19
was an oral gift seven years prior to filing of the suit, that is,
sometime in the year 1968. The learned trial Jude as well as
the appellate court has brushed aside the said aspect by
stating that it has not affected the stand of the plaintiff
inasmuch as some witnesses have deposed about the gift
having been made in 1968. As the deed would show the
executant had stated that he had executed a Will earlier in
favour of Rasheeda. That apart, such a fact, had it been true
would have definitely formed a part of the written instrument.
Omission of such a fact, in our view, defies common sense.
The conclusion that the gift deed dated 9.10.1970 evidences
such a gift, is absolutely unacceptable. Be that as it may, the
issue is whether the document and the concomitant factors
establish factum of gift made by the donor. As stated earlier,
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if the essential features are met with no registration is
necessary. On a perusal of the deed of gift and the evidence
brought on record it is demonstrable that Abdul Haq
remained in the premises in question. He did not part with
physical possession. The case of the plaintiff is that she
resided with Abdul Haq and, therefore, the principle of donor
getting fully divested or handing over of physical possession
is not attracted. Though, such a finding has been recorded,
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20
we find it wholly contrary to the evidence on record. The
plaintiff was staying with her husband. The family register
and voters list, Exhibit 122 to 124 C indicate that Rasheeda
Khatoon was residing in her house with her husband. Though
the gift deed mentions that she was entitled to get her name
mutated in respect of the premises, yet it was not done. On
the analysis of evidence in the backdrop of the deed, it is
extremely difficult to hold that she was residing with Abdul
Haq in the premises in question. The first two courts have
based their conclusions on conjecture and inferences. The
High Court, as we notice, has not dwelled upon this aspect
and has only negatived the finding of the courts below that
the document did not evidence an oral gift. Thus scrutinized
there remains no shadow of doubt that she was not in actual
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physical possession.
22. We have already stated, actual physical possession
may not be always necessary if there is constructive
possession of the donee. In this context we may reproduce
Section 152, sub-Section(3) of Mulla’s Muhammadan
Law:-
“No physical departure or formal entry is
necessary in the case of a gift of immovable
property in which the donor and the donee are
both residing at the time of the gift. In such a case
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21
the gift may be completed by some overt act by
the donor indicating a clear intention on his part to
transfer possession and to divert himself of all
control over the subject of the gift.”
23. Possession has been defined in Section 394 of the
Muslim Law by Tyabji . It is thus:-
“A person is said to be in possession of a thing, or
of immovable property, when he is so placed with
reference to it that he can exercise exclusive
control over it, for the purpose of deriving from it
such benefit as it is capable of rendering, or as is
usually derived from it.”
24. From the aforesaid it is vivid that the possession can
be shown not only by enjoyment of the land or premises in
question but also by asserting who has the actual control
over the property. Someone may be in apparent occupation
of the premises, but the other would have control and gaining
advantage of possession. In the case at hand plea of actual
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physical possession by Rasheeda Khatoon does not deserve
acceptance. The existence of any overt act to show control
requires to be scrutinised. A plea was advanced by the
plaintiff that she had been collecting rent from the tenants
inducted by the donor, but no rent receipts have been filed.
On the contrary certain rent receipts issued by the donor
after the execution of the deed of gift have been brought on
record. There is no proof that the land was mutated in her
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22
favour by the revenue authorities. She was also not in
possession of the title deeds. Thus, the evidence on record,
on a studied scrutiny, clearly reveal that Rasheeda Khatoon
was not in constructive possession. Therefore, one of the
elements of the valid gift has not been satisfied. That being
the position there is no necessity to advert to the aspect
whether the instrument in question required registration or
not because there can be certain circumstances a deed in
writing may require registration. In the case at hand, we
conclusively hold that as the plaintiff could not prove either
actual or constructive possession, the gift was not complete
and hence, the issue of registration does not arise.
25. In view of the aforesaid premises, we, though for
different reasons, affirm the judgment and decree of the High
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Court and dismiss the appeal as a consequence of which the
suit of the plaintiff stands dismissed. There shall be no order
as to costs.
CIVIL APPEAL NO. 564 OF 2009
26. In view of the dismissal of Civil Appeal No. 603 of 2009
the present appeal stands dismissed. There shall be no order
as to costs.
.............................J.
[Dipak Misra]
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.............................J.
[Vikramajit Sen]
New Delhi;
October 10, 2014
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