Supreme Court · 2014 INSC 701 · Decided 10 October 2014
Rasheeda Khatoon (D) Through LRS. v. Ashiq Ali S/O LT. Abu Mohd (D) Through LRS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 701 · [2014] 11 S.C.R. 31
- Case number
- CIVIL APPEAL No. 603/2009
- Decided
- 10 October 2014
- Bench
- DIPAK MISRA, VIKRAMAJIT SEN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Registration Act
Headnote
Mohammedan Law - Oral gift (Hiba) - Validity of - Suit B for declaration as owner in possession - On the basis of oral gift which was later mentioned in written gift (unregistered) - C Held: To make a gift valid, there has to be actual or constructive possession by the donee - prove either actual or constructive possession - Hence, suit not liable to be decreed. Constitution of India, 1950 - Article 136 - Jurisdiction under- Scope of- Interference with concurrent finding of facts - Held: Is permissible if the conclusion on factual aspects are manifestly perverse or
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