PIRZADA SAIYAD SALAHUDDIN SAMSUDDIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant­Pirzada Saiyed Salahuddin Samsuddin, is before this Court being aggrieved by judgment and order dated 21.06.2013 passed by the learned Single Judge in SCA No.8600 of 2013, whereby the learned Single Judge stated thus: -

(2.) LEARNED Senior Advocate Mr.Kavina with learned Advocate Mr.S.P.Majmudar for the appellant vehemently contended that the learned Single Judge has committed an error in not directing the Special Secretary and dismissing the petition without taking note of the fact that under Mohammedan law, a gift is valid even that of immovable property though it is orally made. In this regard, he invited attention of the Court to Section 129 of the Transfer of Property Act, 1882. Besides that, he invited attention of the Court to a decision of the Hon'ble the Apex Court in the matter of Hafeeza Bibi Vs. Shaikh Farid (Dead) By Lrs., reported in 2011 (0) GLHEL - Supreme Court 49738 = 2011 (5) SCC 654 = AIR 2011 SC 1635. Learned Senior Advocate for the appellant invited attention of the Court to various paragraphs of he judgment, stcing from the Head Note itself. Learned Senior Advocate for the appellant invited attention of the Court to para -10. Para -15, wherein Section 129 is quoted, para -18, wherein Section 17(1)(a) of the Registration Act is referred to and paras -27, 28 and 29. Paras -27, 28 and 29 read as under: -

(3.) THE LPA is found without any substance. Hence, the same is dismissed.