ABDUL RAHIM & ORS. versus SK. ABDUL ZABAR & ORS.

ABDUL RAHIM & ORS. versus SK. ABDUL ZABAR & ORS.

Where property is let out to tenants, transfer of constructive possession suffices for a valid gift under Mohammedan Law; suit for cancellation not filed within prescribed period is barred by limitation.

Parties
Appellant: Abdul Rahim & Ors.; Respondent: Sk. Abdul Zabar & Ors.
Jurisdiction
India
Judgment Date
06 March 2009
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed; impugned judgment set aside.
Legal Topics
Validity of Gift Under Islamic Law, Constructive Possession, Limitation for Suit for Cancellation of Transaction
Mohammedan Law Property Law Limitation Law Validity of Gift Under Islamic Law Constructive Possession Limitation for Suit for Cancellation of Transaction

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Parties

Abdul Rahim & Ors.

Appellant

Sk. Abdul Zabar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Validity of gift under Islamic Law vis-a-vis delivery of possession
  2. 2 Bar of limitation for suit seeking cancellation of gift deed

Ratio Decidendi

Where property is let out to tenants, transfer of constructive possession suffices for a valid gift under Mohammedan Law; suit for cancellation not filed within prescribed period is barred by limitation.

Court Disposition

Appeal allowed; impugned judgment set aside.

Orders

  • Suit for cancellation of gift deed barred by limitation.
  • Gift deed dated 21.2.1973 held valid under Mohammedan Law.