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Tuesday, December 9, 2014

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 and whether the oral gift reduced in to writing requires stamp duty and registration ? = 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 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 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 Court and dismiss the appeal as a consequence of which the suit of the plaintiff stands dismissed.=2014-Oct.Part- 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

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IN THE SUPREME COURT OF INDIA                         CIVIL APPELLATE JURISDICTION                         CIVIL APPEAL NO. 603  OF 200...

Whether the Respondents/Tenants (‘Tenants’ for brevity) of the demised property are barred by the principle of res judicata from challenging the findings of the Trial Court especially the Trust’s ownership of the demised property, since the said Tenants have filed only one appeal, i.e. arising from O.S.6/78, without assailing identical conclusions arrived at by the Trial Court in O.S.5/78 and O.S.7/78.= We are of the opinion that having failed or neglected or concertedly avoided filing appeals against the decrees in O.S.5/78 and O.S.7/78 the cause of the Respondents/Tenants was permanently sealed and foreclosed since res judicata applied against them.=2014- Oct. Part - CIVIL APPEAL No.4227 OF 2003 SRI GANGAI VINAYAGAR TEMPLE & ANR. .…..APPELLANTS Versus MEENAKSHI AMMAL & ORS. …..RESPONDENTS

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                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA     ...